Withdrawals From the Custodial Account. The Servicer shall, from time to time as provided herein, make withdrawals from the Custodial Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes: (a) on each Determination Date, the Servicer shall determine the aggregate amounts to be withdrawn from the Custodial Account and applied pursuant to Section 3.05(a) of the Indenture and, prior to close of business on the Business Day prior to the related Payment Date (provided, however, that the Indenture Trustee shall not be required to invest any amounts deposited into the Note Payment Account after 1:00 p.m.), shall withdraw such amounts from the Custodial Account and deposit such amounts into the Note Payment Account or Funding Account, as applicable, to be distributed by the Paying Agent in accordance with and in the order or priority set forth in Section 3.05(a) of the Indenture for such Payment Date, in accordance with the Servicing Certificate; (b) to pay to itself any monthly payments received from the Mortgagors, the amount of such payment that represents interest accrued on the related Mortgage Loan for any period prior to the Cut-Off Date; prior to the commencement of the Rapid Amortization Period, from Principal Collections on the Mortgage Loans, to pay to GMACM the amount of any Additional Balances as and when created during the related Collection Period, and, prior to the commencement of the Managed Amortization Period, to pay to the related Seller the Purchase Price of any Subsequent Mortgage Loans on the related Subsequent Transfer Date; (c) to the extent deposited to the Custodial 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 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) that represent late recoveries of the payments for which such advances were made, or from related Net Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan; (d) 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 and the Recovery Fee (to the extent not retained pursuant to Section 3.02 or 3.07), and to pay to any Subservicer any subservicing fees not previously withheld by such Subservicer; (e) reserved; (f) reserved; (g) to the extent deposited in the Custodial Account, to pay to itself as additional servicing compensation any (i) interest or investment income earned on funds deposited in the Custodial Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01, and (ii) Foreclosure Profits (to the extent permitted by law); (h) 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 such 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; (i) to withdraw any other amount deposited in the Custodial Account that was not required to be deposited therein pursuant to Section 3.02; (j) to pay to itself, with respect to any Mortgage Loan for which it has made an advance of delinquent principal and/or interest, any previously unreimbursed advances of such amounts theretofore made to the extent of receipts of late recoveries of such payments from the related Mortgagors, out of related Net Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loans; (k) to reimburse itself for the amount of any investment earnings advanced prior to maturity pursuant to Section 3.17(c) or Section 5.01, to the extent not reimbursed from earnings received on the related investment at maturity; (l) at its option, for so long as it is the sole Certificateholder, to pay to itself from amounts otherwise required to be remitted to the Distribution Account in accordance with Section 3.05(a)(xiv) of the Indenture, all amounts payable to it as a Certificateholder on the related Payment Date, and (m) to reimburse itself for advances of delinquent principal and/or interest on a Mortgage Loan or other advances that are made pursuant to this Agreement that are not reimbursed pursuant to clauses (c) or (j) of this Section 3.
Appears in 1 contract
Samples: Servicing Agreement (Residential Asset Mortgage Products Inc)
Withdrawals From the Custodial Account. The Servicer shall, from time to time as provided herein, make withdrawals from the Custodial Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Home Loans for the following purposes:
(a) on each Determination Date, the Servicer shall determine the aggregate amounts to be withdrawn from the Custodial Account and applied pursuant to Section 3.05(a) of the Indenture and, prior to the close of business on the Business Day prior to the related Payment Date (provided, however, that the Indenture Trustee shall not be required to invest any amounts deposited into the Note Payment Account after 1:00 p.m.)Date, shall withdraw such amounts from the Custodial Account and deposit such amounts into the Note Payment Account or Funding Account, as applicable, to be distributed by the Paying Agent in accordance with and in the order or priority set forth in Section 3.05(a) of the Indenture for such Payment Date, in accordance with the Servicing Certificate;
(b) to pay to itself from any monthly payments received from the Mortgagors, the amount of such payment that represents interest accrued on the related Mortgage Home Loan for any period prior to the Cut-Off Date; prior to the commencement of the Rapid Amortization Period, from Principal Collections on the Mortgage Loans, to pay to GMACM the amount of any Additional Balances as and when created during the related Collection Period, and, prior to the commencement of the Managed Amortization Period, to pay to the related Seller the Purchase Price of any Subsequent Mortgage Loans on the related Subsequent Transfer Date;
(c) to the extent deposited to the Custodial 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 Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular Mortgage Home Loans (other than any Repurchase Price in respect thereof) that represent late recoveries of the payments for which such advances were made, or from related Net Liquidation Proceeds or the proceeds of the purchase of such Mortgage Home Loan;
(d) to pay to itself out of each payment received on account of interest on a Mortgage Home Loan as contemplated by Section 3.09, an amount equal to the related Servicing Fee and the Recovery Fee (to the extent not retained pursuant to Section 3.02 or 3.073.02), and to pay to any Subservicer any subservicing fees not previously withheld by such Subservicer;
(e) reserved;
(f) reserved;
(g) to the extent deposited in the Custodial Account, to pay to itself as additional servicing compensation any (i) interest or investment income earned on funds deposited in the Custodial Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01, and (ii) Foreclosure Profits (to the extent permitted by law);
(hf) to pay to itself or the either Seller, with respect to any Mortgage Home Loan or property acquired in respect thereof that has been purchased or otherwise transferred to such 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;
(ig) to withdraw any other amount deposited in the Custodial Account that was not required to be deposited therein pursuant to Section 3.02;
(jh) to pay to itself, with respect to any Mortgage Home Loan for which it has made an advance of delinquent principal and/or interest, any previously unreimbursed advances of such amounts theretofore made to the extent of receipts of late recoveries of such payments from the related Mortgagors, out of related Net Liquidation Proceeds or the proceeds of the purchase of such Mortgage Home Loans;
(ki) to reimburse itself for the amount of any investment earnings advanced prior to maturity pursuant to Section 3.17(c) or Section 5.01, to the extent not reimbursed from earnings received on the related investment at maturity;
(lj) at its option, for so long as it is the sole Certificateholder, to pay to itself from amounts otherwise required to be remitted to the Distribution Account in accordance with Section 3.05(a)(xiv3.05(a)(xix) of the Indenture, all amounts payable to it as a Certificateholder on the related Payment Date, ; and
(mk) to reimburse itself for advances of delinquent principal and/or interest on a Mortgage Home Loan or other advances that are made pursuant to this Agreement that are not reimbursed pursuant to clauses (c) or and (jh) of this Section 3.
Appears in 1 contract
Samples: Servicing Agreement (Residential Asset Mortgage Products Inc)
Withdrawals From the Custodial Account. The Servicer shall, from time to time as provided herein, make withdrawals from the Custodial Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes:
(ai) on each Determination Dateto deposit in the Payment Account, the Servicer shall determine the aggregate amounts to be withdrawn from the Custodial Account and applied pursuant to Section 3.05(a) of the Indenture and, seven days prior to close of business on the Business Day prior to the related each Payment Date (providedor if such day is not a Business Day, howeverthe immediately preceding Business Day), an amount equal to the Interest Remittance Amount (excluding any payments under the Yield Maintenance Agreement that were received by the Indenture Trustee shall not be Trustee) and Principal Remittance Amount required to invest any amounts deposited into the Note Payment Account after 1:00 p.m.), shall withdraw such amounts from the Custodial Account and deposit such amounts into the Note Payment Account or Funding Account, as applicable, to be distributed by the Paying Agent in accordance with and in the order or priority set forth in Section 3.05(a) of the Indenture for on such Payment Date, in accordance with the Servicing Certificate;
(b) to pay to itself any monthly payments received from the Mortgagors, the amount of such payment that represents interest accrued on the related Mortgage Loan for any period prior to the Cut-Off Date; prior to the commencement of the Rapid Amortization Period, from Principal Collections on the Mortgage Loans, to pay to GMACM the amount of any Additional Balances as and when created during the related Collection Period, and, prior to the commencement of the Managed Amortization Period, to pay to the related Seller the Purchase Price of any Subsequent Mortgage Loans on the related Subsequent Transfer Date;
(cii) to the extent deposited to the Custodial 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) that which represent late recoveries of the payments for which such advances were made, or from related Net Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan;
(diii) 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 and the Recovery Fee (to the extent not retained pursuant to Section 3.02 or 3.073.02), and to pay to any Subservicer any subservicing fees Subservicing Fees not previously withheld by such the Subservicer;
(e) reserved;
(f) reserved;
(giv) to the extent deposited in the Custodial Account, Account to pay to itself as additional servicing compensation any (i) interest or investment income earned on funds deposited in the Custodial Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01, and (ii) Foreclosure Profits (to the extent permitted by law);
(hv) 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 such Sellerthe Sponsor, 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;; and
(ivi) to withdraw any other amount deposited in the Custodial Account that was not required to be deposited therein pursuant to Section 3.02;
. Since, in connection with withdrawals pursuant to clauses (jii), (iii), (iv) and (v), the Servicer's entitlement thereto is limited to pay collections or other recoveries on the related Loan, the Servicer shall keep and maintain separate accounting, on a Loan by Loan basis, for the purpose of justifying any withdrawal from the Custodial Account pursuant to itselfsuch 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 for as to which it the Repurchase Price has made an advance been paid), by withdrawal from the Custodial Account of delinquent principal and/or interest, amounts on deposit therein attributable to the Loans on any previously unreimbursed advances Business Day prior to the Payment Date succeeding the date of such amounts theretofore made to the extent of receipts of late recoveries of such payments from the related Mortgagors, out of related Net Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loans;
(k) to reimburse itself for the amount of any investment earnings advanced prior to maturity pursuant to Section 3.17(c) or Section 5.01, to the extent not reimbursed from earnings received on the related investment at maturity;
(l) at its option, for so long as it is the sole Certificateholder, to pay to itself from amounts otherwise required to be remitted to the Distribution Account in accordance with Section 3.05(a)(xiv) of the Indenture, all amounts payable to it as a Certificateholder on the related Payment Date, and
(m) to reimburse itself for advances of delinquent principal and/or interest on a Mortgage Loan or other advances that are made pursuant to this Agreement that are not reimbursed pursuant to clauses (c) or (j) of this Section 3determination.
Appears in 1 contract
Samples: Servicing Agreement (Deutsche Alt-a Securities Inc)
Withdrawals From the Custodial Account. The Master Servicer shall, from time to time as provided herein, make withdrawals from the Custodial Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Home Loans for the following purposes:
(ai) on each Determination Dateto remit to the Paying Agent for deposit in the Payment Account, the Servicer shall determine the aggregate amounts to be withdrawn from the Custodial Account and applied pursuant to Section 3.05(a) of the Indenture and, prior to close of business on the Business Day prior to each Payment Date, an amount equal to the related Payment Date (provided, however, that the Indenture Trustee shall not be Interest Collections and Principal Collections required to invest any amounts deposited into the Note Payment Account after 1:00 p.m.), shall withdraw such amounts from the Custodial Account and deposit such amounts into the Note Payment Account or Funding Account, as applicable, to be distributed by the Paying Agent in accordance with and in the order or priority set forth in Section 3.05(a) of the Indenture for on such Payment Date, in accordance with the Servicing Certificate;
(b) to pay to itself any monthly payments received from the Mortgagors, the amount of such payment that represents interest accrued on the related Mortgage Loan for any period prior to the Cut-Off Date; prior to the commencement of the Rapid Amortization Period, from Principal Collections on the Mortgage Loans, to pay to GMACM the amount of any Additional Balances as and when created during the related Collection Period, and, prior to the commencement of the Managed Amortization Period, to pay to the related Seller the Purchase Price of any Subsequent Mortgage Loans on the related Subsequent Transfer Date;
(cii) to the extent deposited to the Custodial Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses expenses, made pursuant to Section 3.01, 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 Loans (other than any Repurchase Price in respect thereof) that which represent late recoveries of the payments for which such advances were made, or from related Net Liquidation Proceeds or the proceeds of the purchase of such Mortgage Home Loan;
(diii) 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 and the Recovery Fee (to the extent not retained pursuant to Section 3.02 or 3.07), and to pay to any Subservicer any subservicing fees Subservicing Fees not previously withheld by such the Subservicer;
(eiv) reservedto the extent deposited in the Custodial Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Custodial Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(f) reserved;
(gv) to the extent deposited in the Custodial Account, to pay to itself as additional servicing compensation any (i) interest or investment income earned on funds deposited in the Custodial Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01, and (ii) Foreclosure Profits (to the extent permitted by law)Profits;
(hvi) to pay to itself or the Seller, with respect to any Mortgage Home Loan or property acquired in respect thereof that has been purchased or otherwise transferred to such the Seller, the Master 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;
(ivii) to clear and terminate the Custodial Account upon the termination of this Agreement; and
(viii) to withdraw any other amount deposited in the Custodial Account that was not required to be deposited therein pursuant to Section 3.02;
. Since, in connection with withdrawals pursuant to clauses (jii), (iii), (v) and (vi), the Master Servicer's entitlement thereto is limited to pay collections or other recoveries on the related Home Loan, the Master Servicer shall keep and maintain separate accounting, on a Home Loan by Home Loan basis, for the purpose of justifying any withdrawal from the Custodial Account pursuant to itselfsuch 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 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Master Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Home Loan for as to which it the Repurchase Price has made an advance been paid), by withdrawal from the Custodial Account of delinquent principal and/or interest, amounts on deposit therein attributable to the Home Loans on any previously unreimbursed advances Business Day prior to the Payment Date succeeding the date of such amounts theretofore made to the extent of receipts of late recoveries of such payments from the related Mortgagors, out of related Net Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loans;
(k) to reimburse itself for the amount of any investment earnings advanced prior to maturity pursuant to Section 3.17(c) or Section 5.01, to the extent not reimbursed from earnings received on the related investment at maturity;
(l) at its option, for so long as it is the sole Certificateholder, to pay to itself from amounts otherwise required to be remitted to the Distribution Account in accordance with Section 3.05(a)(xiv) of the Indenture, all amounts payable to it as a Certificateholder on the related Payment Date, and
(m) to reimburse itself for advances of delinquent principal and/or interest on a Mortgage Loan or other advances that are made pursuant to this Agreement that are not reimbursed pursuant to clauses (c) or (j) of this Section 3determination.
Appears in 1 contract
Withdrawals From the Custodial Account. The Servicer shall, from time to time as provided herein, make withdrawals from the Custodial Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes:
(a) on each Determination Date, the Servicer shall determine the aggregate amounts to be withdrawn from the Custodial Account and applied pursuant to Section 3.05(a) of the Indenture and, prior to the close of business on the Business Day prior to the related Payment Date (provided, however, that the Indenture Trustee shall not be required to invest any amounts deposited into the Note Payment Account after 1:00 p.m.)Date, shall withdraw such amounts from the Custodial Account and deposit such amounts into apply the Note Payment Account or Funding Account, as applicable, to be distributed by the Paying Agent same in accordance with and in the order or priority set forth in Section 3.05(a) of the Indenture for such Payment Date, in accordance with the Servicing Servicer's Certificate;
(b) to pay to itself any monthly payments received from the Mortgagors, the amount of such payment that represents interest accrued on the related Mortgage Loan for any period prior to the Cut-Off Date; prior to the commencement of the Rapid Amortization Period, from Principal Collections on the Mortgage Loans, to pay to GMACM the Seller the amount of any Additional Balances as and when created during the related Collection Period, and, prior to the commencement of the Managed Amortization Period, to pay to the related Seller the Purchase Price of any Subsequent Mortgage Loans on the related Subsequent Transfer Date;
(c) to the extent deposited to the Custodial 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 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) that represent late recoveries of the payments for which such advances were made, or from related Net Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan;
(d) 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 and the Recovery Fee (to the extent not retained pursuant to Section 3.02 or 3.073.02), and to pay to any Subservicer any subservicing fees not previously withheld by such Subservicer;
(e) reservedprior to the commencement of the Managed Amortization Period, to deposit Principal Collections into the Funding Account to the extent not otherwise applied toward the purchase of Additional Balances or Subsequent Mortgage Loans;
(f) reserved;
(g) to the extent deposited in the Custodial Account, to pay to itself as additional servicing compensation any (i) interest or investment income earned on funds deposited in the Custodial Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01, and (ii) Foreclosure Profits (to the extent permitted by law);
(hg) 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 such 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;
(ih) to withdraw any other amount deposited in the Custodial Account that was not required to be deposited therein pursuant to Section 3.02;
(ji) to pay to itself, with respect to any Mortgage Loan for which it has made an advance of delinquent principal and/or interest, any previously unreimbursed advances of such amounts theretofore made to the extent of receipts of late recoveries of such payments from the related Mortgagors, out of related Net Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loans;; and
(k) to reimburse itself for the amount of any investment earnings advanced prior to maturity pursuant to Section 3.17(c) or Section 5.01, to the extent not reimbursed from earnings received on the related investment at maturity;
(lj) at its option, for so as long as it is the sole Certificateholder, to pay to itself from amounts otherwise required to be remitted to the Distribution Account in accordance with Section 3.05(a)(xiv) of the IndentureAccount, all amounts payable to it as a Certificateholder on the related Payment Date. Since, and
(m) to reimburse itself for advances of delinquent principal and/or interest on a Mortgage Loan or other advances that are made pursuant to this Agreement that are not reimbursed in connection with withdrawals pursuant to clauses (c), (d), (f) and (g), the Servicer's entitlement thereto is limited to collections or (j) 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 Custodial Account pursuant to such clauses. Notwithstanding any other provision of this Agreement, the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 33.07 or otherwise reimbursable pursuant to the terms of this 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 Custodial 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 (Bear Stearns Asset Back Sec Inc Gmacm Rev Ho Eq Lo Tr 1998-2)
Withdrawals From the Custodial Account. The Servicer shall, from time to time as provided herein, make withdrawals from the Custodial Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes:
(ai) on each Determination Dateto deposit in the Payment Account, the Servicer shall determine the aggregate amounts to be withdrawn from the Custodial Account and applied pursuant to Section 3.05(a) of the Indenture and, seven days prior to close of business on the Business Day prior to the related each Payment Date (providedor if such day is not a Business Day, however, that the Indenture Trustee shall not be required to invest any amounts deposited into the Note Payment Account after 1:00 p.m.immediately preceding Business Day), shall withdraw such amounts from an amount equal to the Custodial Account Interest Remittance Amount, Principal Remittance Amount and deposit such amounts into the Note Payment Account or Funding Account, as applicable, Prepayment Penalties required to be distributed by the Paying Agent in accordance with and in the order or priority set forth in Section 3.05(a) of the Indenture for on such Payment Date, in accordance with the Servicing Certificate;
(b) to pay to itself any monthly payments received from the Mortgagors, the amount of such payment that represents interest accrued on the related Mortgage Loan for any period prior to the Cut-Off Date; prior to the commencement of the Rapid Amortization Period, from Principal Collections on the Mortgage Loans, to pay to GMACM the amount of any Additional Balances as and when created during the related Collection Period, and, prior to the commencement of the Managed Amortization Period, to pay to the related Seller the Purchase Price of any Subsequent Mortgage Loans on the related Subsequent Transfer Date;
(cii) to the extent deposited to the Custodial 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, 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) that which represent late recoveries of the payments for which such advances were made, or from related Net Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan;
(diii) 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 and the Recovery Fee (to the extent not retained pursuant to Section 3.02 or 3.073.02), and to pay to any Subservicer any subservicing fees Subservicing Fees not previously withheld by such the Subservicer;
(eiv) reserved;
(f) reserved;
(g) to the extent deposited in the Custodial Account, to pay to itself as additional servicing compensation any (i) interest or investment income earned on funds deposited in the Custodial Account that it is entitled to withdraw pursuant to Sections Section 3.02(b) and 5.01, and (ii) Foreclosure Profits (to the extent permitted by law);
(hv) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased repurchased by or otherwise transferred to such 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;
(ivi) in the event that Liquidation Proceeds, if applicable, received in respect of a Loan are not sufficient to cover all unreimbursed expenses for which the Servicer is entitled to reimbursement hereunder, the Servicer may reimburse itself for such expenses out of funds held in the Custodial Account; and
(vii) to withdraw any other amount deposited in the Custodial Account that was not required to be deposited therein pursuant to Section 3.02;
. Since, in connection with withdrawals pursuant to clauses (jii), (iii), (iv) and (v), the Servicer’s entitlement thereto is limited to pay to itselfcollections or other recoveries on the related Loan, with respect to the Servicer shall keep and maintain separate accounting, on a Loan by Loan basis, for the purpose of justifying any Mortgage Loan for which it has made an advance of delinquent principal and/or interest, any previously unreimbursed advances of such amounts theretofore made to the extent of receipts of late recoveries of such payments withdrawal from the related MortgagorsCustodial Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, out of related Net Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loans;
(k) Servicer shall be entitled to reimburse itself for the amount of any investment earnings advanced prior to maturity previously unreimbursed expenses incurred pursuant to Section 3.17(c) 3.07 or Section 5.01, otherwise reimbursable pursuant to the extent not reimbursed from earnings received on terms of this Servicing Agreement that the related investment at maturity;
(l) at its option, for so long as it is the sole Certificateholder, to pay to itself from amounts otherwise required Servicer determines to be remitted otherwise nonrecoverable, by withdrawal from the Custodial Account of amounts on deposit therein attributable to the Distribution Account in accordance with Section 3.05(a)(xiv) Loans on any Business Day prior to the Payment Date succeeding the date of the Indenture, all amounts payable to it as a Certificateholder on the related Payment Date, and
(m) to reimburse itself for advances of delinquent principal and/or interest on a Mortgage Loan or other advances that are made pursuant to this Agreement that are not reimbursed pursuant to clauses (c) or (j) of this Section 3such determination.
Appears in 1 contract
Samples: Servicing Agreement (Credit Suisse First Boston Mor Ac Corp CSFB Abs Tr 2002 Hi23)
Withdrawals From the Custodial Account. The Servicer shall, from time to time as provided herein, make withdrawals from the Custodial Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes:
(a) on each Determination Date, the Servicer shall determine the aggregate amounts to be withdrawn from the Custodial Account and applied pursuant to Section 3.05(a) of the Indenture and, prior to close of business on the Business Day prior to the related Payment Date (provided, however, that the Indenture Trustee shall not be required to invest any amounts deposited into the Note Payment Account after 1:00 p.m.), shall withdraw such amounts from the Custodial Account and deposit such amounts into the Note Payment Account or Funding Account, as applicable, to be distributed by the Paying Agent in accordance with and in the order or priority set forth in Section 3.05(a) of the Indenture for such Payment Date, in accordance with the Servicing Certificate;
(b) to pay to itself any monthly payments received from the Mortgagors, the amount of such payment that represents interest accrued on the related Mortgage Loan for any period prior to the Cut-Off Date; prior to the commencement of the Rapid Amortization Period, from Principal Collections on the Mortgage Loans, and, if Principal Collections are not sufficient, from Excess Spread, to pay to GMACM the amount of any Additional Balances as and when created during the related Collection Period, and, prior to the commencement of the Managed Amortization Period, to pay to the related Seller the Purchase Price of any Subsequent Mortgage Loans that are HELOCs on the related Subsequent Transfer Date;
(c) to the extent deposited to the Custodial 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 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) that represent late recoveries of the payments for which such advances were made, or from related Net Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan;
(d) 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 and the Recovery Fee (to the extent not retained pursuant to Section 3.02 or 3.07), and to pay to any Subservicer any subservicing fees not previously withheld by such Subservicer;
(e) reserved;
(f) reserved;
(g) to the extent deposited in the Custodial Account, to pay to itself as additional servicing compensation any (i) interest or investment income earned on funds deposited in the Custodial Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01, and (ii) Foreclosure Profits (to the extent permitted by law);
(hf) to pay to itself or the a Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to such 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;
(ig) to withdraw any other amount deposited in the Custodial Account that was not required to be deposited therein pursuant to Section 3.02;
(jh) to pay to itself, with respect to any Mortgage Loan for which it has made an advance a Servicer Advance of delinquent principal and/or or interest, any previously unreimbursed advances Servicer Advances of such amounts theretofore made to the extent of receipts of late recoveries of such payments from the related Mortgagors, out of related Net Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loans;
(ki) to reimburse itself for the amount of any investment earnings advanced prior to maturity pursuant to Section 3.17(c) or Section 5.01, to the extent not reimbursed from earnings received on the related investment at maturity;
(lj) at its option, for so long as it is the sole Certificateholder, to pay to itself from amounts otherwise required to be remitted to the Distribution Account in accordance with Section 3.05(a)(xiv3.05(a)(xvi) of the Indenture, all amounts payable to it as a Certificateholder on the related Payment Date, and
(mk) to reimburse itself for advances Servicer Advances of delinquent principal and/or or interest on a Mortgage Loan or other advances that are made pursuant to this Agreement that are not reimbursed pursuant to clauses (c) or (jh) of this Section 33.03. Since, in connection with withdrawals pursuant to clauses (c), (d), (e), (f) and (h), 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 Custodial Account pursuant to such clauses. Notwithstanding any other provision of this 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 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 Custodial 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 (GMACM Home Equity Loan Trust 2006-He1)
Withdrawals From the Custodial Account. The Master Servicer shall, from time to time as provided herein, make withdrawals from the Custodial Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Revolving Credit Loans for the following purposes:
(ai) on each Determination Dateto deposit in the Distribution Account, the Servicer shall determine the aggregate amounts to be withdrawn from the Custodial Account and applied pursuant to Section 3.05(a) of the Indenture and, prior to close of business on the Business Day prior to each Payment Date, an amount equal to the related Payment Date (provided, however, that the Indenture Trustee shall not be Security Collections required to invest any amounts deposited into the Note Payment Account after 1:00 p.m.), shall withdraw such amounts from the Custodial Account and deposit such amounts into the Note Payment Account or Funding Account, as applicable, to be distributed by the Paying Agent in accordance with and in the order or priority set forth in Section 3.05(a) of the Indenture for on such Payment Date, in accordance with the Servicing Certificate;
(bii) to pay to itself any monthly payments received from the Mortgagors, the amount of such payment that represents interest accrued on the related Mortgage Loan for any period prior to either an Amortization Event or the Cut-Off Date; prior to Collection Period preceding the commencement end of the Rapid Amortization Revolving Period, from Principal Collections on the Mortgage Loans, to pay to GMACM the Seller, the amount of any Additional Balances as and when created during the related Collection Period, andprovided, prior that the aggregate amount so paid to the commencement Seller in respect of Additional Balances at any time during any Collection Period shall not exceed the Managed Amortization amount of Principal Collections theretofore received for such Collection Period, to pay to the related Seller the Purchase Price of any Subsequent Mortgage Loans on the related Subsequent Transfer Date;
(ciii) to the extent deposited to the Custodial 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 Revolving Credit Loans (other than any Repurchase Price in respect thereof) that which represent late recoveries of the payments for which such advances were made, or from related Net Liquidation Proceeds or the proceeds of the purchase of such Mortgage Revolving Credit Loan;
(div) to pay to itself out of each payment received on account of interest on a Mortgage Revolving Credit Loan as contemplated by Section 3.09, an amount equal to the related Master Servicing Fee and the Recovery Fee (to the extent not retained pursuant to Section 3.02 or 3.073.02), and to pay to any Subservicer any subservicing fees Subservicing Fees not previously withheld by such the Subservicer; [NY01:227422.4] 16069-00369 10/28/96 5:11pm 10
(v) to the extent deposited in the Custodial Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Custodial Account, Distribution Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(e) reserved;
(f) reserved;
(gvi) to the extent deposited in the Custodial Account, to pay to itself as additional servicing compensation any (i) interest or investment income earned on funds deposited in the Custodial Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01, and (ii) Foreclosure Profits (to the extent permitted by law);
(hvii) to pay to itself or the Seller, with respect to any Mortgage Revolving Credit Loan or property acquired in respect thereof that has been purchased or otherwise transferred to such the Seller, the Master 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;
(iviii) to withdraw any other amount deposited in the Custodial Account that was not required to be deposited therein pursuant to Section 3.02;; and
(jix) after the occurrence of an Amortization Event, to pay to itselfthe Seller, the Excluded Amount for each Revolving Credit Loan. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) and (vii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Revolving Credit Loan, the Master Servicer shall keep and maintain separate accounting, on a Revolving Credit Loan by Revolving Credit Loan basis, for the purpose of justifying any withdrawal from the Custodial 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 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Master Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Revolving Credit Loan for as to which it the Repurchase Price has made an advance been paid), by withdrawal from the Custodial Account of delinquent principal and/or interest, amounts on deposit therein attributable to the Revolving Credit Loans on any previously unreimbursed advances Business Day prior to the Payment Date succeeding the date of such amounts theretofore made to the extent of receipts of late recoveries of such payments from the related Mortgagors, out of related Net Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loans;
(k) to reimburse itself for the amount of any investment earnings advanced prior to maturity pursuant to Section 3.17(c) or Section 5.01, to the extent not reimbursed from earnings received on the related investment at maturity;
(l) at its option, for so long as it is the sole Certificateholder, to pay to itself from amounts otherwise required to be remitted to the Distribution Account in accordance with Section 3.05(a)(xiv) of the Indenture, all amounts payable to it as a Certificateholder on the related Payment Date, and
(m) to reimburse itself for advances of delinquent principal and/or interest on a Mortgage Loan or other advances that are made pursuant to this Agreement that are not reimbursed pursuant to clauses (c) or (j) of this Section 3determination.
Appears in 1 contract
Samples: Servicing Agreement (Residential Funding Mortgage Securities Ii Inc)
Withdrawals From the Custodial Account. The Servicer shall, from time to time as provided hereintime, make withdrawals from the Custodial Account for any of the following purposes, without priority, or as described in Section 4.03:
(1) subject to Section 3.36(d), to remit to the Securities Administrator for deposit in the Certificate Account the amounts on deposit therein required to be so remitted pursuant to Section 3.02 that are attributable 3.10(b) or permitted to be so remitted pursuant to the first sentence of Section 3.10(d);
(2) subject to Section 3.36(d), to reimburse the Servicer for unreimbursed Advances, but only to the extent of amounts received which represent Late Collections (net of the related Servicing Fees) on Mortgage Loans for the following purposes:
(a) on each Determination Date, the Servicer shall determine the aggregate amounts or REO Properties with respect to be withdrawn from the Custodial Account and applied pursuant to Section 3.05(a) of the Indenture and, prior to close of business on the Business Day prior to the related Payment Date (provided, however, that the Indenture Trustee shall not be required to invest any amounts deposited into the Note Payment Account after 1:00 p.m.), shall withdraw which such amounts from the Custodial Account and deposit such amounts into the Note Payment Account or Funding Account, as applicable, to be distributed by the Paying Agent in accordance with and in the order or priority set forth in Section 3.05(a) of the Indenture for such Payment Date, Advances were made in accordance with the Servicing Certificateprovisions of Section 4.03;
(3) to pay the Servicer or any Subservicer (a) any unpaid Servicing Fees, (b) any unreimbursed Servicing Advances with respect to each Mortgage Loan, but only to the extent of any Late Collections, received with respect to such Mortgage Loan or REO Property and (c) any Nonrecoverable Servicing Advances with respect to the final liquidation of a Mortgage Loan, but only to the extent that Late Collections received with respect to such Mortgage Loan are insufficient to reimburse the Servicer or any Subservicer for Servicing Advances;
(4) to pay to itself any monthly payments received from the Mortgagors, Servicer as servicing compensation (in addition to the amount of such payment that represents interest accrued Servicing Fee) on the related Mortgage Loan for Servicer Remittance Date any period prior to the Cut-Off Date; prior to the commencement of the Rapid Amortization Period, from Principal Collections on the Mortgage Loans, to pay to GMACM the amount of any Additional Balances as and when created during the related Collection Period, and, prior to the commencement of the Managed Amortization Period, to pay to the related Seller the Purchase Price of any Subsequent Mortgage Loans on the related Subsequent Transfer Date;
(c) to the extent deposited to the Custodial 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 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) that represent late recoveries of the payments for which such advances were made, or from related Net Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan;
(d) 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 and the Recovery Fee (to the extent not retained pursuant to Section 3.02 or 3.07), and to pay to any Subservicer any subservicing fees not previously withheld by such Subservicer;
(e) reserved;
(f) reserved;
(g) to the extent deposited in the Custodial Account, to pay to itself as additional servicing compensation any (i) interest or investment income earned on funds deposited in the Custodial Account Account;
(5) to pay to the Servicer, the Originator or the Sponsor, as the case may be, with respect to each Mortgage Loan that it is entitled has previously been purchased or replaced pursuant to Section 2.02 all amounts received thereon subsequent to the date of purchase or substitution, as the case may be;
(6) (a) to reimburse the Servicer for any Advance or Servicing Advance previously made which the Servicer has determined to be a Nonrecoverable Advance or Nonrecoverable Servicing Advance in accordance with the provisions of Section 4.03 and (b) to pay to the Servicer any unpaid Servicing Fees to the extent not recoverable from Late Collections received with respect to the related Mortgage Loan;
(7) to reimburse the Servicer, the Master Servicer or the Depositor for expenses incurred by or reimbursable to the Servicer, the Master Servicer or the Depositor, as the case may be, pursuant to Section 6.03;
(8) to reimburse the Servicer, the Master Servicer, the Securities Administrator or the Trustee, as the case may be, for expenses reasonably incurred in connection with any breach or defect giving rise to the purchase obligation under Section 2.02 and Section 2.03 of this Agreement, including any expenses arising out of the enforcement of the purchase obligation;
(9) to pay, or to reimburse the Servicer for Servicing Advances in respect of, expenses incurred in connection with any Mortgage Loan pursuant to Section 3.16(c);
(10) to withdraw pursuant amounts deposited therein in error;
(11) to Sections 3.02(b) and 5.01, and (ii) Foreclosure Profits pay itself any Prepayment Interest Excess (to the extent permitted by lawnot otherwise retained); and
(12) to clear and terminate the Custodial Account pursuant to Section 9.01. In addition, the Servicer shall withdraw from the Custodial Account and deliver to the Securities Administrator from time to time for deposit, and the Securities Administrator shall so deposit, in the Certificate Account:
(1) any Advances, as required pursuant to Section 4.03;
(h2) 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 such Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed deposited pursuant to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determinedSection 3.23 in connection with any REO Property;
(i3) any amounts to withdraw be paid in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 9.01;
(4) any other amount amounts required to be deposited pursuant to Section 3.24 in connection with any Prepayment Interest Shortfall; and
(5) any amounts required to be paid to the Back-Up Servicer, Master Servicer or Trustee pursuant to the Agreement, including, but not limited to Section 3.06 and Section 7.02. The Servicer shall deposit in the Custodial Account that was not any amounts required to be deposited therein pursuant to Section 3.02;
(j) to pay to itself, 3.12 in connection with losses realized on Permitted Investments with respect to funds held in the Custodial Account. In addition, the servicer may reimburse itself for any Mortgage Loan for which it has made an advance of delinquent principal and/or interest, any previously unreimbursed advances of such amounts theretofore made Advance or Servicing Advance to the extent of receipts funds held in the Custodial Account for future distribution that were not included in Available Funds for such Distribution Date (provided that such amounts must be deposited into the Custodial Account prior to the next Servicer Remittance Date on which such amounts are to be included in the distribution for the related Distribution Date). The Servicer shall keep and maintain separate accounting, on a Mortgage Loan-by-Mortgage Loan basis, for the purpose of late recoveries of such payments justifying any withdrawal from the related Mortgagors, out of related Net Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loans;
(k) to reimburse itself for the amount of any investment earnings advanced prior to maturity pursuant to Section 3.17(c) or Section 5.01Custodial Account, to the extent not reimbursed from earnings received held by or on the related investment at maturity;
(l) at its optionbehalf of it, for so long as it is the sole Certificateholder, to pay to itself from amounts otherwise required to be remitted to the Distribution Account in accordance with Section 3.05(a)(xiv) of the Indenture, all amounts payable to it as a Certificateholder on the related Payment Date, and
(m) to reimburse itself for advances of delinquent principal and/or interest on a Mortgage Loan or other advances that are made pursuant to this Agreement that are not reimbursed pursuant to clauses subclauses (c2), (3), (4), (5), (6), (8) and (9) or (j) of this Section 3above.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Alliance Bancorp Trust 2007-Oa1)
Withdrawals From the Custodial Account. The Master Servicer shall, from time to time as provided herein, make withdrawals from the Custodial Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Revolving Credit Loans for the following purposes:
(ai) on each Determination Dateto deposit in the Payment Account, the Servicer shall determine the aggregate amounts to be withdrawn from the Custodial Account and applied pursuant to Section 3.05(a) of the Indenture and, prior to close of business on the Business Day prior to each Payment Date, an amount equal to the related Payment Date (provided, however, that the Indenture Trustee shall not be Interest Collections and Principal Collections required to invest any amounts deposited into the Note Payment Account after 1:00 p.m.), shall withdraw such amounts from the Custodial Account and deposit such amounts into the Note Payment Account or Funding Account, as applicable, to be distributed by the Paying Agent in accordance with and in the order or priority set forth in Section 3.05(a) of the Indenture for on such Payment Date, in accordance with the Servicing Certificate;
(bii) to pay to itself any monthly payments received from the Mortgagors, the amount of such payment that represents interest accrued on the related Mortgage Loan for any period prior to either an Amortization Event or the Cut-Off Date; prior to Collection Period preceding the commencement end of the Rapid Amortization Revolving Period, from Principal Collections on the Mortgage Loans, to pay to GMACM the Seller, the amount of any Additional Balances as and when created during the related Collection Period, andprovided, prior that the aggregate amount so paid to the commencement Seller in respect of Additional Balances at any time during any Collection Period shall not exceed the Managed Amortization amount of Principal Collections theretofore received for such Collection Period, to pay to the related Seller the Purchase Price of any Subsequent Mortgage Loans on the related Subsequent Transfer Date;
(ciii) to the extent deposited to the Custodial 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 Revolving Credit Loans (other than any Repurchase Price in respect thereof) that which represent late recoveries of the payments for which such advances were made, or from related Net Liquidation Proceeds or the proceeds of the purchase of such Mortgage Revolving Credit Loan;
(div) to pay to itself out of each payment received on account of interest on a Mortgage Revolving Credit Loan as contemplated by Section 3.09, an amount equal to the related Master Servicing Fee and the Recovery Fee (to the extent not retained pursuant to Section 3.02 or 3.073.02), and to pay to any Subservicer any subservicing fees Subservicing Fees not previously withheld by such the Subservicer;
(ev) reserved;to the extent deposited in the Custodial Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Custodial Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; [NY01B:316703.2] 16069-00394 03/27/97 10:57am 10
(f) reserved;
(gvi) to the extent deposited in the Custodial Account, to pay to itself as additional servicing compensation any (i) interest or investment income earned on funds deposited in the Custodial Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01, and (ii) Foreclosure Profits (to the extent permitted by law);
(hvii) to pay to itself or the Seller, with respect to any Mortgage Revolving Credit Loan or property acquired in respect thereof that has been purchased or otherwise transferred to such the Seller, the Master 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;
(iviii) to reimburse itself in accordance with Section 4.02;
(ix) to withdraw any other amount deposited in the Custodial Account that was not required to be deposited therein pursuant to Section 3.02;; and
(jx) after the occurrence of an Amortization Event, to pay to itselfthe Seller, the Excluded Amount for each Revolving Credit Loan. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) and (vii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Revolving Credit Loan, the Master Servicer shall keep and maintain separate accounting, on a Revolving Credit Loan by Revolving Credit Loan basis, for the purpose of justifying any withdrawal from the Custodial 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 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Master Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Revolving Credit Loan for as to which it the Repurchase Price has made an advance been paid), by withdrawal from the Custodial Account of delinquent principal and/or interest, amounts on deposit therein attributable to the Revolving Credit Loans on any previously unreimbursed advances Business Day prior to the Payment Date succeeding the date of such amounts theretofore made to the extent of receipts of late recoveries of such payments from the related Mortgagors, out of related Net Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loans;
(k) to reimburse itself for the amount of any investment earnings advanced prior to maturity pursuant to Section 3.17(c) or Section 5.01, to the extent not reimbursed from earnings received on the related investment at maturity;
(l) at its option, for so long as it is the sole Certificateholder, to pay to itself from amounts otherwise required to be remitted to the Distribution Account in accordance with Section 3.05(a)(xiv) of the Indenture, all amounts payable to it as a Certificateholder on the related Payment Date, and
(m) to reimburse itself for advances of delinquent principal and/or interest on a Mortgage Loan or other advances that are made pursuant to this Agreement that are not reimbursed pursuant to clauses (c) or (j) of this Section 3determination.
Appears in 1 contract
Samples: Servicing Agreement (Residential Funding Mortgage Securities Ii Inc)
Withdrawals From the Custodial Account. The Servicer shall, from time to time as provided herein, make withdrawals from the Custodial Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes:
(a) on each Determination Date, the Servicer shall determine the pro rata portion of the Interest Collections deposited into the Custodial Account with respect to the related Collection Period that relate to the Additional Balance Increase Amount and withdraw such amount for deposit into the Distribution Account for distribution to the Certificateholders pursuant to Section 5.01 of the Trust Agreement;
(b) on each Determination Date, the Servicer shall determine the aggregate amounts to be withdrawn from the Custodial Account and applied pursuant to Section 3.05(a) of the Indenture and, prior to close of business 1:00 p.m. (EST) on the Business Day prior to the related Payment Date (providedDate, however, that the Indenture Trustee shall not be required to invest any amounts deposited into the Note Payment Account after 1:00 p.m.), Servicer shall withdraw such amounts from the Custodial Account and deposit such amounts into the Note Payment Account or Funding Account, as applicable, to be distributed by the Paying Agent Agent, to the Distribution Account or to make distributions, in each case in accordance with Section 3.05 of the Indenture and in the order or of priority set forth in Section 3.05(a) of the Indenture for such Payment Date, in accordance with the Servicing Certificate;
(bc) to pay to itself the Seller any monthly payments received from the Mortgagors, the amount of such payment that represents interest accrued on the related Mortgage Loan for any period prior to the Cut-Off Date or Subsequent Cut-off Date; , as applicable;
(d) prior to the commencement of the Rapid Amortization Period, from Principal Collections on the Mortgage Loans, and, if Principal Collections are not sufficient from Excess Spread, to pay to GMACM the Seller, as designee of the Depositor, the amount of any Additional Balances Balances, as and when created during the related Collection Period, and, prior but only to the commencement extent that amounts on deposit in the Funding Account are not sufficient for such purpose; provided that Excess Spread shall not be so applied if the Enhancer has not been reimbursed for all draws made under the Policy, with interest; and provided further that Excess Spread (calculated with respect to the following Payment Date) in the Custodial Account will not be applied to purchase Additional Balances to the extent that after such purchase the Overcollateralization Amount would exceed the Overcollateralization Target Amount, calculated in each case as of the Managed Amortization Period, to pay to the related Seller the Purchase Price of any Subsequent Mortgage Loans on the related Subsequent Transfer following Payment Date;
(ce) to the extent deposited to the Custodial Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.05, for Servicing Advances, for fees payable pursuant to Section 3.08, for expenses payable pursuant to Section 3.10, for amounts reimbursable pursuant to Section 6.03 or Liquidation Expenses, paid pursuant to Section 3.07 3.08 or otherwise reimbursable pursuant to the terms of this Agreement (to the extent not payable pursuant to Section 3.093.10), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) that represent late recoveries of the payments for which such advances were made, or from related Net Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan;
(df) 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 and the Recovery Fee (to the extent not retained pursuant to Section 3.02 or 3.073.03), and to pay to any Subservicer any subservicing fees not previously withheld by such Subservicer;
(e) reserved;
(f) reserved;
(g) to the extent deposited in the Custodial Account, to pay to itself the Servicer as additional servicing compensation any (i) interest or investment income earned on funds deposited in the Custodial Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01Section 3.03, and (ii) Foreclosure Profits (to the extent permitted by law);
(h) 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 such 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;
(i) to withdraw any other amount, determined without duplication with respect to an other amount provided for in this Section 3.04, deposited in the Custodial Account that was not required to be deposited therein pursuant to Section 3.023.03;
(j) to pay to itselfthe Servicer, with respect to any Mortgage Loan for which it the Servicer has made an advance of delinquent principal and/or interest, any a P&I Advance that has not been previously unreimbursed advances of such amounts theretofore made reimbursed to the extent of receipts of late recoveries of such payments from the related MortgagorsMortgagor, out of related Net Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoansLoan;
(k) to reimburse itself the Servicer for the amount of any investment earnings advanced prior to maturity advances or expenses that have not been previously reimbursed pursuant to Section 3.17(csuch clauses (e) or Section 5.01, to the extent not reimbursed from earnings received on the related investment at maturity;(j); and
(l) at its option, for so long as it is the sole Certificateholder, to pay to itself the Certificateholders from amounts otherwise required to be remitted to the Distribution Account in accordance with Section 3.05(a)(xiv3.05(a)(i)(3), (i)(6), (i)(12), (ii)(3), (ii)(7), (ii)(13), (iii)(4) and (iii)(13) of the Indenture, all amounts payable to it as a Certificateholder the Certificateholders on the related Payment Date. Since, and
(m) to reimburse itself for advances of delinquent principal and/or interest on a Mortgage Loan or other advances that are made pursuant to this Agreement that are not reimbursed in connection with withdrawals pursuant to clauses (c), (e), (f), (h) or and (j) ), 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 Custodial Account pursuant to such clauses. Notwithstanding any other provision of this Agreement, the Servicer shall be entitled to be reimbursed itself for any previously unreimbursed expenses incurred pursuant to Section 33.08 or otherwise reimbursable pursuant to the terms of this Agreement that the Servicer determines to be otherwise nonrecoverable, by withdrawal from the Custodial 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. If any deposit required to be made by the Servicer pursuant to Section 3.04(b) is not made when due, the Servicer shall pay to the Indenture Trustee, out of the Servicer’s own funds, one day of interest on such late payment, at a per annum rate equal to the effective Federal Funds Rate for such date. Such interest shall be remitted to the Indenture Trustee on the same day that the Servicer remits the late remittance to the Indenture Trustee.
Appears in 1 contract
Samples: Servicing Agreement (Wachovia Asset Securitization Inc 2002 He2 Trust)
Withdrawals From the Custodial Account. The Servicer Company shall, from time to time as provided hereintime, make withdrawals withdraw funds from the Custodial Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes:
(ai) on each Determination Dateto make payments to the Purchaser in the amounts and in the manner provided for in Section 5.01;
(ii) to reimburse itself for unreimbursed Servicing Advances, any unpaid Servicing Fees and for xxxxxxxxxxxx X&X Advances, the Servicer shall determine Company's right to reimburse itself pursuant to this subclause (ii) being limited to related Liquidation Proceeds, condemnation proceeds, amounts representing proceeds of insurance policies covering the aggregate related Mortgaged Property, late payments of principal and/or interest and such other amounts to as may be withdrawn collected by the Company from the Custodial Account and applied Mortgagor or otherwise relating to the Mortgage Loan, it being understood that, in the case of any such reimbursement, the Company's right thereto shall be prior to the rights of the Purchaser unless the Company is required to repurchase a Mortgage Loan pursuant to Section 3.05(a) 3.03, in which case the Company's right to such reimbursement shall be subsequent to the payment to the Purchaser of the Indenture and, prior repurchase price pursuant to close of business on the Business Day prior Section 3.03 and all other amounts required to be paid to the related Payment Date (provided, however, that the Indenture Trustee shall not be required Purchaser with respect to invest any amounts deposited into the Note Payment Account after 1:00 p.m.), shall withdraw such amounts from the Custodial Account and deposit such amounts into the Note Payment Account or Funding Account, as applicable, to be distributed by the Paying Agent in accordance with and in the order or priority set forth in Section 3.05(a) of the Indenture for such Payment Date, in accordance with the Servicing CertificateMortgage Loan;
(biii) to reimburse itself for expenses incurred by and reimbursable to it pursuant to Section 9.01;
(iv) to pay to itself any monthly payments received from the Mortgagors, the amount of such payment that represents interest accrued on the related Mortgage Loan for any period prior to the Cut-Off Date; prior to the commencement of the Rapid Amortization Period, from Principal Collections on the Mortgage Loans, to pay to GMACM the amount of any Additional Balances as and when created during the related Collection Period, and, prior to the commencement of the Managed Amortization Period, to pay to the related Seller the Purchase Price of any Subsequent Mortgage Loans on the related Subsequent Transfer Date;
(c) to the extent deposited to the Custodial 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 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) that represent late recoveries of the payments for which such advances were made, or from related Net Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan;
(d) 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 and the Recovery Fee (to the extent not retained pursuant to Section 3.02 or 3.07), and to pay to any Subservicer any subservicing fees not previously withheld by such Subservicer;
(e) reserved;
(f) reserved;
(g) to the extent deposited in the Custodial Account, to pay to itself as additional servicing compensation any (i) interest or investment income earned on funds deposited in the Custodial Account that it is entitled and to withdraw pursuant pay itself any unpaid Servicing Compensation, such withdrawal to Sections 3.02(b) and 5.01, and (ii) Foreclosure Profits (to be made monthly not later than the extent permitted by law)Remittance Date;
(hv) to pay to reimburse itself or for any P&I Advance previously made which the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that Company has been purchased or otherwise transferred to such Seller, the Servicer or other entity, all amounts received thereon and not required determined to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determineda Nonrecoverable Advance;
(vi) to utilize any excess funds on deposit to make any advance pursuant to the last sentence of Section 5.03, provided that such withdrawal does not reduce the amount that would otherwise be available pursuant to clauses (i) through (v), inclusive, of this Section 4.05 in respect of the current or future Determination Dates;
(vii) to clear and terminate the Custodial Account upon the termination of this Agreement and to distribute funds therein at such time to the Purchaser, exclusive of funds therein payable to the Company pursuant to this Agreement; and
(viii) to withdraw any other amount amounts deposited in the Custodial Account that was not required to be deposited therein pursuant to Section 3.02;
(j) to pay to itselfin error. On each Remittance Date, with respect to any Mortgage Loan for which it has made an advance of delinquent principal and/or interest, any previously unreimbursed advances of such amounts theretofore made to the extent of receipts of late recoveries of such payments Company shall withdraw all funds from the related Mortgagors, out of related Net Liquidation Proceeds or Custodial Account except for those amounts which the proceeds of the purchase of Company is not obligated to remit on such Mortgage Loans;
(k) to reimburse itself Remittance Date. The Company may use such withdrawn funds only for the amount of any investment earnings advanced prior to maturity pursuant to Section 3.17(c) or Section 5.01, to the extent not reimbursed from earnings received on the related investment at maturity;
(l) at its option, for so long as it is the sole Certificateholder, to pay to itself from amounts otherwise required to be remitted to the Distribution Account purposes described in accordance with Section 3.05(a)(xiv) of the Indenture, all amounts payable to it as a Certificateholder on the related Payment Date, and
(m) to reimburse itself for advances of delinquent principal and/or interest on a Mortgage Loan or other advances that are made pursuant to this Agreement that are not reimbursed pursuant to clauses (c) or (j) of this Section 34.05.
Appears in 1 contract
Samples: Assignment, Assumption and Recognition Agreement (Wilshire Real Estate Investment Trust Inc)
Withdrawals From the Custodial Account. The Servicer shall, from time to time as provided herein, make withdrawals from the Custodial Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes:
(a) on each Determination Date, the Servicer shall determine the aggregate amounts to be withdrawn from the Custodial Account and applied pursuant to Section 3.05(a) of the Indenture and, prior to the close of business on the Business Day prior to the related Payment Date (provided, however, that the Indenture Trustee shall not be required to invest any amounts deposited into the Note Payment Account after 1:00 p.m.)Date, shall withdraw such amounts from the Custodial Account and deposit such amounts into the Note Payment Account or Funding Account, as applicable, to be distributed by the Paying Agent in accordance with and in the order or priority set forth in Section 3.05(a) of the Indenture for such Payment Date, in accordance with the Servicing Certificate;
(b) to pay to itself from any monthly payments received from the Mortgagors, the amount of such payment that represents interest accrued on the related Mortgage Loan for any period prior to the Cut-Off Date; prior to the commencement of the Rapid Amortization Period, from Principal Collections on the Mortgage Loans, to pay to GMACM the amount of any Additional Balances as and when created during the related Collection Period, and, prior to the commencement of the Managed Amortization Period, to pay to the related Seller the Purchase Price of any Subsequent Mortgage Loans on the related Subsequent Transfer Date;
(c) to the extent deposited to the Custodial 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 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) that represent late recoveries of the payments for which such advances were made, or from related Net Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan;
(d) 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 and the Recovery Fee (to the extent not retained pursuant to Section 3.02 or 3.073.02), and to pay to any Subservicer any subservicing fees not previously withheld by such Subservicer;
(e) reserved;
(f) reserved;
(g) to the extent deposited in the Custodial Account, to pay to itself as additional servicing compensation any (i) interest or investment income earned on funds deposited in the Custodial Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01, and (ii) Foreclosure Profits (to the extent permitted by law);
(hf) 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 such 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;
(ig) to withdraw any other amount deposited in the Custodial Account that was not required to be deposited therein pursuant to Section 3.02;
(jh) to pay to itself, with respect to any Mortgage Loan for which it has made an advance of delinquent principal and/or interest, any previously unreimbursed advances of such amounts theretofore made to the extent of receipts of late recoveries of such payments from the related Mortgagors, out of related Net Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loans;
(ki) to reimburse itself for the amount of any investment earnings advanced prior to maturity pursuant to Section 3.17(c) or Section 5.01, to the extent not reimbursed from earnings received on the related investment at maturity;
(lj) at its option, for so long as it is the sole Certificateholder, to pay to itself from amounts otherwise required to be remitted to the Distribution Account in accordance with Section 3.05(a)(xiv3.05(a)(xiii) of the Indenture, all amounts payable to it as a Certificateholder on the related Payment Date, ; and
(mk) to reimburse itself for advances of delinquent principal and/or interest on a Mortgage Loan or other advances that are made pursuant to this Agreement that are not reimbursed pursuant to clauses (c) or and (jh) of this Section 3.
Appears in 1 contract
Samples: Servicing Agreement (Residential Asset Mortgage Products Inc)
Withdrawals From the Custodial Account. The Servicer shall, from time to time as provided herein, make withdrawals from the Custodial Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes:
(i) (a) on a daily basis, from Principal Collections, to pay itself the amount of any Additional Balances as and when created during the related Collection Period and (b) to pay to the Servicer any Reimbursable Excluded Amounts (as defined in Section 3.16(b) hereof) received during the related Collection Period;
(ii) on each Determination Servicer Remittance Date preceding a Payment Date, the Servicer shall determine the aggregate amounts to be withdrawn withdraw from the Custodial Account and applied pursuant to Section 3.05(a) the portion of the Indenture Interest Remittance Amount and Principal Remittance Amount for such Payment Date applicable to the Loans and, prior to the close of business on the Business Day prior to the related Payment Date (providedsuch Servicer Remittance Date, however, that the Indenture Trustee shall not be required to invest any amounts deposited into the Note Payment Account after 1:00 p.m.), shall withdraw such amounts from the Custodial Account and deposit such amounts into the Note Payment Account or Funding Account, as applicable, to be distributed by the Indenture Trustee pursuant to Section 3.16(c) hereof and by the Paying Agent in accordance with and in the order or priority set forth in Section 3.05(a) of the Indenture for such Payment Date, in accordance with the Servicing Certificate;
(b) to pay to itself any monthly payments received from the Mortgagors, the amount of such payment that represents interest accrued on the related Mortgage Loan for any period prior to the Cut-Off Date; prior to the commencement of the Rapid Amortization Period, from Principal Collections on the Mortgage Loans, to pay to GMACM the amount of any Additional Balances as and when created during the related Collection Period, and, prior to the commencement of the Managed Amortization Period, to pay to the related Seller the Purchase Price of any Subsequent Mortgage Loans on the related Subsequent Transfer Date;
(ciii) to the extent deposited to the Custodial 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, 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) that which represent late recoveries of the payments for which such advances were made, or from related Net Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan;
(div) 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 and the Recovery Fee (to the extent not retained pursuant to Section 3.02 or 3.073.02), and to pay to any Subservicer any subservicing fees Subservicing Fees not previously withheld by such the Subservicer;
(ev) reserved;
(f) reserved;
(g) to the extent deposited in the Custodial Account, to pay to itself as additional servicing compensation any (i) interest or investment income earned on funds deposited in the Custodial Account that it is entitled to withdraw pursuant to Sections Section 3.02(b) and 5.01, and (ii) Foreclosure Profits (to the extent permitted by law);
(hvi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased repurchased by or otherwise transferred to such 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;
(ivii) in the event that Liquidation Proceeds, if applicable, received in respect of a Loan are not sufficient to cover all unreimbursed expenses for which the Servicer is entitled to reimbursement hereunder, the Servicer may reimburse itself for such expenses out of funds held in the Custodial Account;
(viii) to transfer funds to another Eligible Account in accordance with Section 3.02(d) hereof;
(ix) to withdraw any other amount deposited in the Custodial Account that was not required to be deposited therein pursuant to Section 3.02;
(jx) to pay to itself, with respect to any Mortgage Loan for which it has made an advance clear and terminate the Custodial Account upon the termination of delinquent principal and/or interest, any previously unreimbursed advances of such amounts theretofore made to the extent of receipts of late recoveries of such payments from the related Mortgagors, out of related Net Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loansthis Servicing Agreement;
(kxi) to reimburse itself for any unpaid Servicing Fees to which the amount Servicer is entitled under this Agreement, including (A) in connection with the termination of the obligations of the Servicer, (B) any investment earnings advanced prior to maturity pursuant to Section 3.17(caccrued and unpaid Servicing Fees at the time a Loan becomes a Liquidated Loan or Charged Off Loan and (C) or Section 5.01, to the extent any unpaid Servicing Fees not reimbursed otherwise collected from earnings received on the related investment at maturityLiquidation Proceeds;
(l) at its option, for so long as it is the sole Certificateholder, to pay to itself from amounts otherwise required to be remitted to the Distribution Account in accordance with Section 3.05(a)(xiv) of the Indenture, all amounts payable to it as a Certificateholder on the related Payment Date, and
(mxii) to reimburse itself for advances (A) unreimbursed Servicing Advances, the Servicer’s right to reimbursement pursuant to this clause (A) with respect to any Loan being limited to amounts received on such Loan which represent late payments of delinquent principal and/or interest (including, without limitation, Liquidation Proceeds and Insurance Proceeds, amounts representing proceeds of other insurance policies, if any, covering the related Mortgaged Property, rental and other income from REO and proceeds of any purchase or repurchase of the related Loan with respect to such Mortgage Loan) respecting which any such advance was made and late recoveries of the payments for which such Servicing Advance was made and (B) for unpaid Servicing Fees as provided in Section 3.07 hereof;
(xiii) [reserved];
(xiv) to reimburse itself for any Nonrecoverable Advance previously made from collections or proceeds of any of the Loans serviced by the Servicer;
(xv) to reimburse the Servicer for any Capitalization Reimbursement Amount not previously reimbursed;
(xvi) to reimburse itself for any Servicing Advances made with respect to a delinquent Loan, which Loan has been modified by it in accordance with the terms of this Agreement, such right of reimbursement being limited to amounts received on a Mortgage the Loan or other advances that are made so modified; and
(xvii) to reimburse itself for expenses incurred and reimbursable pursuant to this Agreement that are not reimbursed Section 6.03 hereof. Since, in connection with withdrawals pursuant to clauses (ci), (iii) and (iv), the Servicer’s entitlement thereto is limited to collections or (j) other recoveries on the related Loan, the Servicer shall keep and maintain separate accounting, on a Loan by Loan basis, for the purpose of justifying any withdrawal from the Custodial 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 33.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable, by withdrawal from the Custodial Account of amounts on deposit therein attributable to the Loans on any Business Day prior to the Payment Date succeeding the date of such determination.
Appears in 1 contract
Samples: Servicing Agreement (Home Equity Mortgage Trust 2007-1)
Withdrawals From the Custodial Account. The Servicer shall, from time to time as provided herein, make withdrawals from the Custodial Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes:
(ai) on each Determination Dateto deposit in the Payment Account, the Servicer shall determine the aggregate amounts to be withdrawn from the Custodial Account and applied pursuant to Section 3.05(a) of the Indenture and, seven days prior to close of business on the Business Day prior to the related each Payment Date (providedor if such day is not a Business Day, howeverthe immediately preceding Business Day), an amount equal to the Interest Remittance Amount (excluding any payments under the Yield Maintenance Agreement that were received by the Indenture Trustee shall not be Trustee) and Principal Remittance Amount required to invest any amounts deposited into the Note Payment Account after 1:00 p.m.), shall withdraw such amounts from the Custodial Account and deposit such amounts into the Note Payment Account or Funding Account, as applicable, to be distributed by the Paying Agent in accordance with and in the order or priority set forth in Section 3.05(a) of the Indenture for on such Payment Date, in accordance with the Servicing Certificate;
(b) to pay to itself any monthly payments received from the Mortgagors, the amount of such payment that represents interest accrued on the related Mortgage Loan for any period prior to the Cut-Off Date; prior to the commencement of the Rapid Amortization Period, from Principal Collections on the Mortgage Loans, to pay to GMACM the amount of any Additional Balances as and when created during the related Collection Period, and, prior to the commencement of the Managed Amortization Period, to pay to the related Seller the Purchase Price of any Subsequent Mortgage Loans on the related Subsequent Transfer Date;
(cii) to the extent deposited to the Custodial 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) that which represent late recoveries of the payments for which such advances were made, or from related Net Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan;
(diii) 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 and the Recovery Fee (to the extent not retained pursuant to Section 3.02 or 3.073.02), and to pay to any Subservicer any subservicing fees Subservicing Fees not previously withheld by such the Subservicer;
(e) reserved;
(f) reserved;
(giv) to the extent deposited in the Custodial Account, Account to pay to itself as additional servicing compensation any (i) interest or investment income earned on funds deposited in the Custodial Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01, and (ii) Foreclosure Profits (to the extent permitted by law);
(hv) 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 such Sellerthe Sponsor, 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;; and
(ivi) to withdraw any other amount deposited in the Custodial Account that was not required to be deposited therein pursuant to Section 3.02;
. Since, in connection with withdrawals pursuant to clauses (jii), (iii), (iv) and (v), the Servicer’s entitlement thereto is limited to pay collections or other recoveries on the related Loan, the Servicer shall keep and maintain separate accounting, on a Loan by Loan basis, for the purpose of justifying any withdrawal from the Custodial Account pursuant to itselfsuch 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 for as to which it the Repurchase Price has made an advance been paid), by withdrawal from the Custodial Account of delinquent principal and/or interest, amounts on deposit therein attributable to the Loans on any previously unreimbursed advances Business Day prior to the Payment Date succeeding the date of such amounts theretofore made to the extent of receipts of late recoveries of such payments from the related Mortgagors, out of related Net Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loans;
(k) to reimburse itself for the amount of any investment earnings advanced prior to maturity pursuant to Section 3.17(c) or Section 5.01, to the extent not reimbursed from earnings received on the related investment at maturity;
(l) at its option, for so long as it is the sole Certificateholder, to pay to itself from amounts otherwise required to be remitted to the Distribution Account in accordance with Section 3.05(a)(xiv) of the Indenture, all amounts payable to it as a Certificateholder on the related Payment Date, and
(m) to reimburse itself for advances of delinquent principal and/or interest on a Mortgage Loan or other advances that are made pursuant to this Agreement that are not reimbursed pursuant to clauses (c) or (j) of this Section 3determination.
Appears in 1 contract
Samples: Servicing Agreement (Deutsche Mortgage Securities Inc)
Withdrawals From the Custodial Account. The Servicer shall, from time to time as provided herein, make withdrawals from the Custodial Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Home Loans for the following purposes:
(a) on each Determination Date, the Servicer shall determine the aggregate amounts to be withdrawn from the Custodial Account and applied pursuant to Section 3.05(a) of the Indenture and, prior to the close of business on the Business Day prior to the related Payment Date (provided, however, provided that the Indenture Trustee shall not be required to invest any amounts deposited into the Note Payment Account after 1:00 p.m.), shall withdraw such amounts from the Custodial Account and deposit such amounts into the Note Payment Account or Funding Account, as applicable, to be distributed by the Paying Agent in accordance with and in the order or priority set forth in Section 3.05(a) of the Indenture for such Payment Date, in accordance with the Servicing Certificate;
(b) to pay to itself from any monthly payments received from the Mortgagors, the amount of such payment that represents interest accrued on the related Mortgage Home Loan for any period prior to the Cut-Off Date; prior to the commencement of the Rapid Amortization Period, from Principal Collections on the Mortgage Loans, to pay to GMACM the amount of any Additional Balances as and when created during the related Collection Period, and, prior to the commencement of the Managed Amortization Period, to pay to the related Seller the Purchase Price of any Subsequent Mortgage Loans on the related Subsequent Transfer Date;
(c) to the extent deposited to the Custodial 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 Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular Mortgage Home Loans (other than any Repurchase Price in respect thereof) that represent late recoveries of the payments for which such advances were made, or from related Net Liquidation Proceeds or the proceeds of the purchase of such Mortgage Home Loan;
(d) to pay to itself out of each payment received on account of interest on a Mortgage Home Loan as contemplated by Section 3.09, an amount equal to the related Servicing Fee and the Recovery Fee (to the extent not retained pursuant to Section 3.02 or 3.073.02), and to pay to any Subservicer any subservicing fees not previously withheld by such Subservicer;
(e) reserved;
(f) reserved;
(g) to the extent deposited in the Custodial Account, to pay to itself as additional servicing compensation any (i) interest or investment income earned on funds deposited in the Custodial Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01, and (ii) Foreclosure Profits (to the extent permitted by law);
(hf) to pay to itself or the Seller, with respect to any Mortgage Home Loan or property acquired in respect thereof that has been purchased or otherwise transferred to such 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;
(ig) to withdraw any other amount deposited in the Custodial Account that was not required to be deposited therein pursuant to Section 3.02;
(jh) to pay to itself, with respect to any Mortgage Home Loan for which it has made an advance of delinquent principal and/or interest, any previously unreimbursed advances of such amounts theretofore made to the extent of receipts of late recoveries of such payments from the related Mortgagors, out of related Net Liquidation Proceeds or the proceeds of the purchase of such Mortgage Home Loans;
(ki) to reimburse itself for the amount of any investment earnings advanced prior to maturity pursuant to Section 3.17(c) or Section 5.01, to the extent not reimbursed from earnings received on the related investment at maturity;
(lj) at its option, for so long as it is the sole Certificateholder, to pay to itself from amounts otherwise required to be remitted to the Distribution Account in accordance with Section 3.05(a)(xiv3.05(a)(ix) of the Indenture, all amounts payable to it as a Certificateholder on the related Payment Date, ; and
(mk) to reimburse itself for advances of delinquent principal and/or interest on a Mortgage Home Loan or other advances that are made pursuant to this Agreement that are not reimbursed pursuant to clauses (c) or and (jh) of this Section 33.03. Since, in connection with withdrawals pursuant to clauses (c), (d), (f) and (h), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Home Loan, the Servicer shall keep and maintain separate accounting, on a Home Loan by Home Loan basis, for the purpose of justifying any withdrawal from the Custodial Account pursuant to such clauses. Notwithstanding any other provision of this 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 Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Home Loan as to which the Repurchase Price has been paid), by withdrawal from the Custodial Account of amounts on deposit therein attributable to the Home Loans on any Business Day prior to the Payment Date succeeding the date of such determination.
Appears in 1 contract
Samples: Servicing Agreement (GMACM Home Loan Trust 2006-Hltv1)
Withdrawals From the Custodial Account. The Servicer shall, from time to time as provided herein, make withdrawals from the Custodial Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes:
(a) on each Determination Date, the Servicer shall determine the pro rata portion of the Interest Collections deposited into the Custodial Account with respect to the related Collection Period that relate to the Additional Balance Increase Amount and, prior to 1:00 p.m. (EST) on the Business Day prior to the related Payment Date, the Servicer shall withdraw such amounts from the Custodial Account and deposit such amounts into the Distribution Account established by the Certificate Paying Agent for distribution to the Certificateholders pursuant to Section 5.01 of the Trust Agreement;
(b) on each Determination Date, the Servicer shall determine the aggregate amounts to be withdrawn from the Custodial Account and applied pursuant to Section 3.05(a) of the Indenture and, prior to close of business 1:00 p.m. (EST) on the Business Day prior to the related Payment Date (providedDate, however, that the Indenture Trustee shall not be required to invest any amounts deposited into the Note Payment Account after 1:00 p.m.), Servicer shall withdraw such amounts from the Custodial Account and deposit such amounts into the Note Payment Account, the Funding Account or Funding the Distribution Account, as applicable, to be distributed for distribution by the Paying Agent Agent, in each case in accordance with Section 3.05 of the Indenture and in the order or of priority set forth in Section 3.05(a) of the Indenture for such Payment Date, Date and in accordance with the Servicing Certificate;
(bc) to pay to itself the Seller any monthly payments received from the Mortgagors, the amount of such payment Mortgagors that represents interest accrued on the related Mortgage Loan for any period prior to the Cut-Off Date; do not constitute Transferred Property;
(d) prior to the commencement of the Rapid Amortization Period, from Principal Collections on the Mortgage Loans, and, on and after the Payment Date in October 2004, if Principal Collections are not sufficient from Excess Spread, to pay to GMACM the Seller, as assignee of the Depositor, the amount of any Additional Balances Balances, as and when created during the related Collection Period, and, prior but only to the commencement extent that amounts on deposit in the Funding Account are not sufficient for such purpose; provided that Excess Spread shall not be so applied if the Enhancer has not been reimbursed for all draws made under the Policy, with interest; and provided further that Excess Spread (calculated with respect to the following Payment Date) in the Custodial Account will not be applied to purchase Additional Balances to the extent that after such purchase the Overcollateralization Amount would exceed the Overcollateralization Target Amount, calculated in each case as of the Managed Amortization Period, to pay to the related Seller the Purchase Price of any Subsequent Mortgage Loans on the related Subsequent Transfer following Payment Date;
(ce) to the extent deposited to the Custodial Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.05, for Servicing Advances, for fees payable pursuant to Section 3.08, for expenses payable pursuant to Section 3.10, for amounts reimbursable pursuant to Section 6.03 or Liquidation Expenses, paid pursuant to Section 3.07 3.08 or otherwise reimbursable pursuant to the terms of this Agreement (to the extent not payable pursuant to Section 3.093.10), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) that represent late recoveries of the payments for which such advances were made, or from related Net Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan;
(df) 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 and the Recovery Fee (to the extent not retained pursuant to Section 3.02 or 3.073.03), and to pay to any Subservicer any subservicing fees not previously withheld by such Subservicer;
(e) reserved;
(f) reserved;
(g) to the extent deposited in the Custodial Account, to pay to itself the Servicer as additional servicing compensation any (i) interest or investment income earned on funds deposited in the Custodial Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01Section 3.03, and (ii) Foreclosure Profits (to the extent permitted by law);
(h) 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 such 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;
(i) to withdraw any other amount, determined without duplication with respect to an other amount provided for in this Section 3.04, deposited in the Custodial Account that was not required to be deposited therein pursuant to Section 3.023.03;
(j) to pay to itselfthe Servicer, with respect to any Mortgage Loan for which it the Servicer has made an advance of delinquent principal and/or interest, any a P&I Advance that has not been previously unreimbursed advances of such amounts theretofore made reimbursed to the extent of receipts of late recoveries of such payments from the related MortgagorsMortgagor, out of related Net Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loans;Loan; and
(k) to reimburse itself the Servicer for the amount of any investment earnings advanced prior to maturity advances or expenses that have not been previously reimbursed pursuant to Section 3.17(csuch clauses (e) or Section 5.01(j). Since, to the extent not reimbursed from earnings received on the related investment at maturity;
(l) at its option, for so long as it is the sole Certificateholder, to pay to itself from amounts otherwise required to be remitted to the Distribution Account in accordance connection with Section 3.05(a)(xiv) of the Indenture, all amounts payable to it as a Certificateholder on the related Payment Date, and
(m) to reimburse itself for advances of delinquent principal and/or interest on a Mortgage Loan or other advances that are made pursuant to this Agreement that are not reimbursed withdrawals pursuant to clauses (c), (e), (f), (h) or and (j) ), 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 Custodial Account pursuant to such clauses. Notwithstanding any other provision of this Agreement, the Servicer shall be entitled to be reimbursed itself for any previously unreimbursed expenses incurred pursuant to Section 33.08 or otherwise reimbursable pursuant to the terms of this Agreement that the Servicer determines to be otherwise nonrecoverable, by withdrawal from the Custodial 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. If any deposit required to be made by the Servicer pursuant to Section 3.04(b) is not made when due, the Servicer shall pay to the Paying Agent, out of the Servicer's own funds, one day of interest on such late payment, at a per annum rate equal to the effective Federal Funds Rate for such date. Such interest shall be remitted to the Paying Agent on the same day that the Servicer remits the late remittance to the Paying Agent.
Appears in 1 contract
Samples: Servicing Agreement (Wachovia Asset Sec Series 2004 - HE1)
Withdrawals From the Custodial Account. (a) The Master Servicer shallmay, from time to time as provided herein, make withdrawals from the Custodial Account of amounts on deposit therein pursuant to Section 3.02 3.07 that are attributable to the Mortgage Loans for the following purposes:
(ai) on each Determination Date, the Servicer shall determine the aggregate amounts to be withdrawn from the Custodial Account and applied pursuant to Section 3.05(a) of the Indenture and, prior to close of business on the Business Day prior to the related Payment Date (provided, however, that the Indenture Trustee shall not be required to invest any amounts deposited make deposits into the Note Payment Certificate Account after 1:00 p.m.), shall withdraw such in the amounts from the Custodial Account and deposit such amounts into the Note Payment Account or Funding Account, as applicable, to be distributed by the Paying Agent in accordance with and in the order or priority set forth manner provided for in Section 3.05(a) of the Indenture for such Payment Date, in accordance with the Servicing Certificate4.01;
(bii) to pay to itself any monthly payments received from the Mortgagors, the amount of such payment that represents interest accrued on the related Mortgage Loan for any period prior to the Cut-Off Date; prior to the commencement of the Rapid Amortization Period, from Principal Collections on the Mortgage Loans, to pay to GMACM the amount of any Additional Balances as and when created during the related Collection Period, and, prior to the commencement of the Managed Amortization Period, to pay to the related Seller the Purchase Price of any Subsequent Mortgage Loans on the related Subsequent Transfer Date;
(c) to the extent deposited to the Custodial Account, to reimburse itself or the related Subservicer for previously unreimbursed advances or expenses incurred in maintaining individual insurance policies made pursuant to Section 3.04Sections 3.01, or Liquidation Expenses3.07(a), paid pursuant to Section 3.07 3.08, 3.11, 3.12(a), 3.14 and 4.04 or otherwise reimbursable pursuant to the terms of this 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 including, for this purpose, REO Proceeds, Insurance Proceeds, Liquidation Proceeds and proceeds from the purchase of a Mortgage Loan pursuant to Section 2.02, 2.03, 2.04 or 4.07) which represent (A) Late Collections of Monthly Payments for which any Repurchase Price such advance was made in the case of Subservicer Advances or Advances pursuant to Section 4.04 and (B) recoveries of amounts in respect thereof) that represent late recoveries of the payments for which such advances were made, or from related Net Liquidation Proceeds or made in the proceeds case of the purchase of such Mortgage LoanServicing Advances;
(diii) to pay to itself or the related Subservicer (if not previously retained by such Subservicer) out of each payment received by the Master Servicer on account of interest on a Mortgage Loan as contemplated by Section 3.09Sections 3.14 and 3.16, an amount equal to that remaining portion of any such payment as to interest (but not in excess of the related Servicing Fee and the Recovery Fee (to Subservicing Fee, if not previously NY1-171317.4 76 retained) which, when deducted, will result in the extent not retained pursuant to Section 3.02 or 3.07), and to pay remaining amount of such interest being interest at the Net Mortgage Rate on the amount specified in the amortization schedule of the related Mortgage Loan as the principal balance thereof at the beginning of the period respecting which such interest was paid after giving effect to any Subservicer any subservicing fees not previously withheld by such Subservicerprevious Curtailments;
(eiv) reserved;
(f) reserved;
(g) to the extent deposited in the Custodial Account, to pay to itself as additional servicing compensation any (i) interest or investment income earned on funds deposited in the Custodial Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01, and (ii) Foreclosure Profits (to the extent permitted by lawSection 3.07(c);
(hv) to pay to itself as additional servicing compensation any Foreclosure Profits, and any amounts remitted by Subservicers as interest in respect of Curtailments pursuant to Section 3.08(b);
(vi) to pay to itself, a Subservicer, a Seller, Residential Funding, the Company or any other appropriate Person, as the Sellercase may be, with respect to any each Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred pursuant to such SellerSection 2.02, the Servicer 2.03, 2.04, 4.07 or other entity9.01, all amounts received thereon and not required to be distributed to Securityholders the Certificateholders or the Owner of the Excess Spread as of the date on which the related Stated Principal Balance or Purchase Price or Repurchase Price is determined;
(ivii) to reimburse itself or the related Subservicer for any Nonrecoverable Advance or Advances in the manner and to the extent provided in subsection (c) below or any Advance reimbursable to the Master Servicer pursuant to Section 4.02(a)(iii);
(viii) to reimburse itself or the Company for expenses incurred by and reimbursable to it or the Company pursuant to Sections 3.13, 3.14(c), 6.03, 10.01 or otherwise, or in connection with enforcing any repurchase, substitution or indemnification obligation of any Seller (other than an Affiliate of the Company) pursuant to the related Seller's Agreement;
(ix) to reimburse itself for amounts expended by it (a) pursuant to Section 3.14 in good faith in connection with NY1-171317.4 77 the restoration of property damaged by an Uninsured Cause, and (b) in connection with the liquidation of a Mortgage Loan or disposition of an REO Property to the extent not otherwise reimbursed pursuant to clause (ii) or (viii) above; and
(x) to withdraw any other amount deposited in the Custodial Account that was not required to be deposited therein pursuant to Section 3.02;3.07.
(jb) to pay to itselfSince, in connection with respect to any Mortgage Loan for which it has made an advance of delinquent principal and/or interest, any previously unreimbursed advances of such amounts theretofore made to the extent of receipts of late recoveries of such payments from the related Mortgagors, out of related Net Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loans;
(k) to reimburse itself for the amount of any investment earnings advanced prior to maturity withdrawals pursuant to Section 3.17(cclauses (ii), (iii), (v) and (vi), the Master Servicer's entitlement thereto is limited to collections or Section 5.01, to the extent not reimbursed from earnings received other recoveries on the related investment at maturity;
(l) at its optionMortgage Loan, for so long as it is the sole CertificateholderMaster Servicer shall keep and maintain separate accounting, to pay to itself from amounts otherwise required to be remitted to the Distribution Account in accordance with Section 3.05(a)(xiv) of the Indenture, all amounts payable to it as a Certificateholder on the related Payment Date, and
(m) to reimburse itself for advances of delinquent principal and/or interest on a Mortgage Loan or other advances that are made by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Custodial Account pursuant to this Agreement that are not reimbursed pursuant to clauses such clauses.
(c) The Master Servicer shall be entitled to reimburse itself or the related Subservicer for any advance made in respect of a Mortgage Loan that the Master Servicer determines to be a Nonrecoverable Advance by withdrawal from the Custodial Account of amounts on deposit therein attributable to the Mortgage Loans on any Certificate Account Deposit Date succeeding the date of such determination. Such right of reimbursement in respect of a Nonrecoverable Advance on any such Certificate Account Deposit Date shall be limited to an amount not exceeding the portion of such advance previously paid to Certificateholders and the Owner of the Excess Spread (j) of this Section 3and not theretofore reimbursed to the Master Servicer or the related Subservicer).
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Residential Funding Mortgage Securities I Inc)
Withdrawals From the Custodial Account. The Servicer shall, from time to time as provided herein, make withdrawals from the Custodial Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes:
(a) on each Determination Date, the Servicer shall determine the pro rata portion of the Interest Collections deposited into the Custodial Account with respect to the related Collection Period that relate to the Additional Balance Increase Amount and, prior to 1:00 p.m. (EST) on the Business Day prior to the related Payment Date, the Servicer shall withdraw such amounts from the Custodial Account and deposit such amounts into the Distribution Account established by the Certificate Paying Agent for distribution to the Certificateholders pursuant to Section 5.01 of the Trust Agreement;
(b) on each Determination Date, the Servicer shall determine the aggregate amounts to be withdrawn from the Custodial Account and applied pursuant to Section 3.05(a) of the Indenture and, prior to close of business 1:00 p.m. (EST) on the Business Day prior to the related Payment Date (providedDate, however, that the Indenture Trustee shall not be required to invest any amounts deposited into the Note Payment Account after 1:00 p.m.), Servicer shall withdraw such amounts from the Custodial Account and deposit such amounts into the Note Payment Account, the Funding Account or Funding the Distribution Account, as applicable, to be distributed for distribution by the Paying Agent Agent, in each case in accordance with Section 3.05 of the Indenture and in the order or of priority set forth in Section 3.05(a) of the Indenture for such Payment Date, Date and in accordance with the Servicing Certificate;
(bc) to pay to itself the Seller any monthly payments received from the Mortgagors, the amount of such payment Mortgagors that represents interest accrued on the related Mortgage Loan for any period prior to the Cut-Off Date; do not constitute Transferred Property;
(d) prior to the commencement of the Rapid Amortization Period, from Principal Collections on the Mortgage Loans, and, on and after the Payment Date in ______ 200_, if Principal Collections are not sufficient from Excess Spread, to pay to GMACM the Seller, as assignee of the Depositor, the amount of any Additional Balances Balances, as and when created during the related Collection Period, and, prior but only to the commencement extent that amounts on deposit in the Funding Account are not sufficient for such purpose; provided that Excess Spread shall not be so applied if the Enhancer has not been reimbursed for all draws made under the Policy, with interest; and provided further that Excess Spread (calculated with respect to the following Payment Date) in the Custodial Account will not be applied to purchase Additional Balances to the extent that after such purchase the Overcollateralization Amount would exceed the Overcollateralization Target Amount, calculated in each case as of the Managed Amortization Period, to pay to the related Seller the Purchase Price of any Subsequent Mortgage Loans on the related Subsequent Transfer following Payment Date;
(ce) to the extent deposited to the Custodial Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.05, for Servicing Advances, for fees payable pursuant to Section 3.08, for expenses payable pursuant to Section 3.10, for amounts reimbursable pursuant to Section 6.03 or Liquidation Expenses, paid pursuant to Section 3.07 3.08 or otherwise reimbursable pursuant to the terms of this Agreement (to the extent not payable pursuant to Section 3.093.10), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) that represent late recoveries of the payments for which such advances were made, or from related Net Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan;
(df) 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 and the Recovery Fee (to the extent not retained pursuant to Section 3.02 or 3.073.03), and to pay to any Subservicer any subservicing fees not previously withheld by such Subservicer;
(e) reserved;
(f) reserved;
(g) to the extent deposited in the Custodial Account, to pay to itself the Servicer as additional servicing compensation any (i) interest or investment income earned on funds deposited in the Custodial Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01Section 3.03, and (ii) Foreclosure Profits (to the extent permitted by law);
(h) 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 such 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;
(i) to withdraw any other amount, determined without duplication with respect to an other amount provided for in this Section 3.04, deposited in the Custodial Account that was not required to be deposited therein pursuant to Section 3.023.03;
(j) to pay to itselfthe Servicer, with respect to any Mortgage Loan for which it the Servicer has made an advance of delinquent principal and/or interest, any a P&I Advance that has not been previously unreimbursed advances of such amounts theretofore made reimbursed to the extent of receipts of late recoveries of such payments from the related MortgagorsMortgagor, out of related Net Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loans;Loan; and
(k) to reimburse itself the Servicer for the amount of any investment earnings advanced prior to maturity advances or expenses that have not been previously reimbursed pursuant to Section 3.17(csuch clauses (e) or Section 5.01(j). Since, to the extent not reimbursed from earnings received on the related investment at maturity;
(l) at its option, for so long as it is the sole Certificateholder, to pay to itself from amounts otherwise required to be remitted to the Distribution Account in accordance connection with Section 3.05(a)(xiv) of the Indenture, all amounts payable to it as a Certificateholder on the related Payment Date, and
(m) to reimburse itself for advances of delinquent principal and/or interest on a Mortgage Loan or other advances that are made pursuant to this Agreement that are not reimbursed withdrawals pursuant to clauses (c), (e), (f), (h) or and (j) ), 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 Custodial Account pursuant to such clauses. Notwithstanding any other provision of this Agreement, the Servicer shall be entitled to be reimbursed itself for any previously unreimbursed expenses incurred pursuant to Section 33.08 or otherwise reimbursable pursuant to the terms of this Agreement that the Servicer determines to be otherwise nonrecoverable, by withdrawal from the Custodial 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. If any deposit required to be made by the Servicer pursuant to Section 3.04(b) is not made when due, the Servicer shall pay to the Paying Agent, out of the Servicer’s own funds, one day of interest on such late payment, at a per annum rate equal to the effective Federal Funds Rate for such date. Such interest shall be remitted to the Paying Agent on the same day that the Servicer remits the late remittance to the Paying Agent.
Appears in 1 contract
Samples: Servicing Agreement (Wachovia Mortgage Loan Trust, LLC)
Withdrawals From the Custodial Account. The Servicer shall, from time to time as provided herein, make withdrawals from the Custodial Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Home Loans for the following purposes:
(a) on each Determination Date, the Servicer shall determine the aggregate amounts to be withdrawn from the Custodial Account and applied pursuant to Section 3.05(a) of the Indenture and, prior to the close of business on the Business Day prior to the related Payment Date (provided, however, that the Indenture Trustee shall not be required to invest any amounts deposited into the Note Payment Account after 1:00 p.m.)Date, shall withdraw such amounts from the Custodial Account and deposit such amounts into the Note Payment Account or Funding Account, as applicable, to be distributed by the Paying Agent in accordance with and in the order or priority set forth in Section 3.05(a) of the Indenture for such Payment Date, in accordance with the Servicing Certificate;
(b) to pay to itself from any monthly payments received from the Mortgagors, the amount of such payment that represents interest accrued on the related Mortgage Home Loan for any period prior to the Cut-Off Date; prior to the commencement of the Rapid Amortization Period, from Principal Collections on the Mortgage Loans, to pay to GMACM the amount of any Additional Balances as and when created during the related Collection Period, and, prior to the commencement of the Managed Amortization Period, to pay to the related Seller the Purchase Price of any Subsequent Mortgage Loans on the related Subsequent Transfer Date;
(c) to the extent deposited to the Custodial 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 Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular Mortgage Home Loans (other than any Repurchase Price in respect thereof) that represent late recoveries of the payments for which such advances were made, or from related Net Liquidation Proceeds or the proceeds of the purchase of such Mortgage Home Loan;
(d) to pay to itself out of each payment received on account of interest on a Mortgage Home Loan as contemplated by Section 3.09, an amount equal to the related Servicing Fee and the Recovery Fee (to the extent not retained pursuant to Section 3.02 or 3.073.02), and to pay to any Subservicer any subservicing fees not previously withheld by such Subservicer;
(e) reserved;
(f) reserved;
(g) to the extent deposited in the Custodial Account, to pay to itself as additional servicing compensation any (i) interest or investment income earned on funds deposited in the Custodial Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01, and (ii) Foreclosure Profits (to the extent permitted by law);
(hf) to pay to itself or the Seller, with respect to any Mortgage Home Loan or property acquired in respect thereof that has been purchased or otherwise transferred to such 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;
(ig) to withdraw any other amount deposited in the Custodial Account that was not required to be deposited therein pursuant to Section 3.02;
(jh) to pay to itself, with respect to any Mortgage Home Loan for which it has made an advance of delinquent principal and/or interest, any previously unreimbursed advances of such amounts theretofore made to the extent of receipts of late recoveries of such payments from the related Mortgagors, out of related Net Liquidation Proceeds or the proceeds of the purchase of such Mortgage Home Loans;
(ki) to reimburse itself for the amount of any investment earnings advanced prior to maturity pursuant to Section 3.17(c) or Section 5.01, to the extent not reimbursed from earnings received on the related investment at maturity;
(lj) at its option, for so long as it is the sole Certificateholder, to pay to itself from amounts otherwise required to be remitted to the Distribution Account in accordance with Section 3.05(a)(xiv3.05(a)(ix) of the Indenture, all amounts payable to it as a Certificateholder on the related Payment Date, ; and
(mk) to reimburse itself for advances of delinquent principal and/or interest on a Mortgage Home Loan or other advances that are made pursuant to this Agreement that are not reimbursed pursuant to clauses (c) or and (jh) of this Section 3.
Appears in 1 contract
Samples: Servicing Agreement (Residential Asset Mortgage Products Inc)
Withdrawals From the Custodial Account. The Master Servicer shall, from time to time as provided herein, make withdrawals from the Custodial Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Home Loans for the following purposes:
(ai) on each Determination Dateto deposit in the Payment Account, the Servicer shall determine the aggregate amounts to be withdrawn from the Custodial Account and applied pursuant to Section 3.05(a) of the Indenture and, prior to close of business on the Business Day prior to each Payment Date, an amount equal to the related Payment Date (provided, however, that the Indenture Trustee shall not be Interest Collections and Principal Collections required to invest any amounts deposited into the Note Payment Account after 1:00 p.m.), shall withdraw such amounts from the Custodial Account and deposit such amounts into the Note Payment Account or Funding Account, as applicable, to be distributed by the Paying Agent in accordance with and in the order or priority set forth in Section 3.05(a) of the Indenture for on such Payment Date, in accordance with Date and any payments or collections constituting prepayment charges received during the Servicing Certificaterelated Prepayment Period;
(b) to pay to itself any monthly payments received from the Mortgagors, the amount of such payment that represents interest accrued on the related Mortgage Loan for any period prior to the Cut-Off Date; prior to the commencement of the Rapid Amortization Period, from Principal Collections on the Mortgage Loans, to pay to GMACM the amount of any Additional Balances as and when created during the related Collection Period, and, prior to the commencement of the Managed Amortization Period, to pay to the related Seller the Purchase Price of any Subsequent Mortgage Loans on the related Subsequent Transfer Date;
(cii) to the extent deposited to the Custodial 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 Loans (other than any Repurchase Price in respect thereof) that which represent late recoveries of the payments for which such advances were made, or from related Net Liquidation Proceeds or the proceeds of the purchase of such Mortgage Home Loan;
(diii) to pay to itself out of each payment received on account of interest on a Mortgage Home Loan as contemplated by Section 3.09, an amount equal to the related Master Servicing Fee and the Recovery Fee (to the extent not retained pursuant to Section 3.02 or 3.073.02), and to pay to any Subservicer any subservicing fees Subservicing Fees not previously withheld by such the Subservicer;
(eiv) reservedto the extent deposited in the Custodial Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Custodial Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;
(f) reserved;
(gv) to the extent deposited in the Custodial Account, to pay to itself as additional servicing compensation any (i) interest or investment income earned on funds deposited in the Custodial Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01, and (ii) Foreclosure Profits (to the extent permitted by law)Profits;
(hvi) to pay to itself or the Seller, with respect to any Mortgage Home Loan or property acquired in respect thereof that has been purchased or otherwise transferred to such the Seller, the Master 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;
(ivii) to clear and terminate the Custodial Account upon the termination of this Agreement; and
(viii) to withdraw any other amount deposited in the Custodial Account that was not required to be deposited therein pursuant to Section 3.02;
. Since, in connection with withdrawals pursuant to clauses (jii), (iii), (v) and (vi), the Master Servicer's entitlement thereto is limited to pay collections or other recoveries on the related Home Loan, the Master Servicer shall keep and maintain separate accounting, on a Home Loan by Home Loan basis, for the purpose of justifying any withdrawal from the Custodial Account pursuant to itselfsuch 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 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Master Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Home Loan for as to which it the Repurchase Price has made an advance been paid), by withdrawal from the Custodial Account of delinquent principal and/or interest, amounts on deposit therein attributable to the Home Loans on any previously unreimbursed advances Business Day prior to the Payment Date succeeding the date of such amounts theretofore made to the extent of receipts of late recoveries of such payments from the related Mortgagors, out of related Net Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loans;
(k) to reimburse itself for the amount of any investment earnings advanced prior to maturity pursuant to Section 3.17(c) or Section 5.01, to the extent not reimbursed from earnings received on the related investment at maturity;
(l) at its option, for so long as it is the sole Certificateholder, to pay to itself from amounts otherwise required to be remitted to the Distribution Account in accordance with Section 3.05(a)(xiv) of the Indenture, all amounts payable to it as a Certificateholder on the related Payment Date, and
(m) to reimburse itself for advances of delinquent principal and/or interest on a Mortgage Loan or other advances that are made pursuant to this Agreement that are not reimbursed pursuant to clauses (c) or (j) of this Section 3determination.
Appears in 1 contract
Samples: Servicing Agreement (Residential Funding Mortgage Securities Ii Inc)