Common use of Amounts Not Distributed Clause in Contracts

Amounts Not Distributed. Any amount withdrawn for distribution as payment of interest or principal on any Certificate but which is not distributed because of the non-presentation of such Certificate, because the check for payment is returned undelivered or because the Holder thereof has failed to deliver payment instructions to the Trustee or the Paying Agent, shall be set aside and held by the Trustee or the Paying Agent in a separate trust account for the benefit of the Holder. Any such amount shall be deemed to have been duly distributed for the purpose of all calculations under this Agreement and will not be available for application to any other amounts payable under this Agreement. If such amount is an amount representing part of a final distribution pursuant to Section 9.01, the Trustee and the Paying Agent shall comply with the procedure set forth in the last paragraph of Section 9.01. After two years from the original date on which such amount was due and payable to the Holder, any amount remaining in such separate trust account shall be distributed to the Class R Certificates, and after such distribution such Holder shall be required to seek payment as an unsecured general creditor of the Class R Certificateholders.

Appears in 6 contracts

Samples: Citicorp Residential Mortgage Securities, Inc., Pooling Agreement (Citicorp Residential Mortgage Trust Series 2007-2), These Standard Terms for Pooling and Servicing Agreements (Citicorp Residential Mortgage Trust Series 2006-2)

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Amounts Not Distributed. Any amount withdrawn for distribution as payment of interest or principal on any Certificate but which is not distributed because of the non-presentation of such Certificate, because the check for payment is returned undelivered or because the Holder thereof has failed to deliver payment instructions to the Trustee or the Paying AgentTrustee, shall be set aside and held by the Trustee or the Paying Agent in a separate trust account for the benefit of the Holder. Any such amount shall be deemed to have been duly distributed for the purpose of all calculations under this Agreement and will not be available for application to any other amounts payable under this Agreement. If such amount is an amount representing part of a final distribution pursuant to Section 9.01, the Trustee and the Paying Agent shall comply with the 45 procedure set forth in the last paragraph of Section 9.01. After two years from the original date on which such amount was due and payable to the Holder, any amount remaining in such separate trust account shall be distributed to the Class LR or Class R Certificates, as appropriate, and after such distribution such Holder shall be required to seek payment as an unsecured general creditor of the Class LR or Class R Certificateholders, as applicable.

Appears in 1 contract

Samples: Citifinancial Mortgage Securities Inc

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