Common use of Delinquency Advances and Servicing Advances Clause in Contracts

Delinquency Advances and Servicing Advances. (a) On or before each Monthly Remittance Date, the Servicer shall be required to remit to the Trustee for deposit to the Certificate Account out of the Servicer’s own funds or from collections on any Home Equity Loans that are not required to be distributed on the Distribution Date occurring during the month in which such remittance is made (all or any portion of such amount to be replaced on future Monthly Remittance Dates to the extent required for distribution) any Delinquent payment of interest with respect to each Delinquent Home Equity Loan, which payment was not received on or prior to the last day of the related Remittance Period. Such amounts of the Servicer’s own funds so deposited are “Delinquency Advances”. The Servicer shall be permitted to reimburse itself on any Business Day for any Delinquency Advances paid from the Servicer’s own funds (i) from late collections on the related Home Equity Loan or (ii) as otherwise provided in Section 7.03(b). Notwithstanding the foregoing, in the event that the Servicer determines in its reasonable business judgment in accordance with the servicing standards set out herein that any proposed Delinquency Advance would not be recoverable, the Servicer shall not be required to make Delinquency Advances with respect to such Home Equity Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are Nonrecoverable Advances, the Servicer shall be entitled to reimbursement for such aggregate Nonrecoverable Advances from collections on any Home Equity Loan of the related Group on deposit in the Principal and Interest Account. The Servicer shall deliver an Officer’s Certificate of such determination as to why such amount would not be recoverable to the Trustee; the Trustee shall promptly furnish a copy of such notice to the Owners of the Class R Certificates upon request; provided, further, that the Servicer shall be entitled to recover any unreimbursed Delinquency Advances from Liquidation Proceeds for the related Home Equity Loan.

Appears in 15 contracts

Samples: Pooling and Servicing Agreement (Centex Funding LLC Centex Home Eq Ln Ast Bk Cert Ser 2003-A), Pooling and Servicing Agreement (Centex Home Equity Loan Trust 2005-B), Pooling and Servicing Agreement (Chec Funding LLC Centex Home Equity Loan Trust 2004-B)

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Delinquency Advances and Servicing Advances. (a) On or before each Monthly Remittance Date, the Servicer shall be required to remit to the Indenture Trustee for deposit to the Certificate Note Account out of the Servicer’s 's own funds any Delinquent payment of interest with respect to each Delinquent Home Equity Loan, which payment was not received on or prior to the related Remittance Date and was not theretofore advanced by the Servicer. Such amounts of the Servicer's own funds so deposited are "Delinquency Advances". The Servicer shall be permitted to reimburse itself on any Business Day for any Delinquency Advances paid from the Servicer's own funds, from collections on any Home Equity Loans that are not required to be distributed on the Distribution Payment Date occurring during the month in which such remittance reimbursement is made (all or any portion of such amount to be replaced on future Monthly Remittance Dates to the extent required for distribution) any Delinquent payment of interest with respect to each Delinquent Home Equity Loan, which payment was not received on or prior to the last day of the related Remittance Period. Such amounts of the Servicer’s own funds so deposited are “Delinquency Advances”. The Servicer shall be permitted to reimburse itself on any Business Day for any Delinquency Advances paid from the Servicer’s own funds (i) from late collections on the related Home Equity Loan or (ii) as otherwise provided in Section 7.03(b3.03(b)(iii)(C). Notwithstanding the foregoing, in the event that the Servicer determines in its reasonable business judgment in accordance with the servicing standards set out herein that any proposed Delinquency Advance would not be recoverable, the Servicer shall not be required to make Delinquency Advances with respect to such Home Equity Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are Nonrecoverable Advanceswill be nonrecoverable, the Servicer shall be entitled to reimbursement for such aggregate Nonrecoverable unreimbursed Delinquency Advances from collections on any Home Equity Loan of the related Group on deposit as provided in the Principal and Interest Accountprior paragraph. The Servicer shall deliver an Officer’s Certificate give written notice of such determination as to why such amount would not be recoverable to the TrusteeIndenture Trustee and the Note Insurer; the Indenture Trustee shall promptly furnish a copy of such notice to the Owners of the Class R Certificates upon requestNotes; provided, further, that the Servicer shall be entitled to recover any unreimbursed Delinquency Advances from Liquidation Proceeds for the related Home Equity Loan.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (Imc Securities Inc), Sale and Servicing Agreement (Imc Home Equity Loan Owner Trust 1998-4), Sale and Servicing Agreement (Bear Stearns Asset Backed Securities Inc)

Delinquency Advances and Servicing Advances. (a) On or before each Monthly Remittance Date, the Servicer shall be required to remit to the Trustee for deposit to the Certificate Account out of the Servicer’s 's own funds or from collections on any Home Equity Loans that are not required to be distributed on the Distribution Payment Date occurring during the month in which such remittance reimbursement is made (all or any portion of such amount to be replaced on future Monthly Remittance Dates to the extent required for distribution) any Delinquent payment of interest with respect to each Delinquent Home Equity Loan, which payment was not received on or prior to the last day of the related Remittance Period. Such amounts of the Servicer’s 's own funds so deposited are "Delinquency Advances". The Servicer shall be permitted to reimburse itself on any Business Day for any Delinquency Advances paid from the Servicer’s 's own funds (i) funds, from late collections on the related Home Equity Loan or (ii) as otherwise provided in Section 7.03(b7.03(b)(iii)(F). Notwithstanding the foregoing, in the event that the Servicer determines in its reasonable business judgment in accordance with the servicing standards set out herein that any proposed Delinquency Advance would not be recoverable, the Servicer shall not be required to make Delinquency Advances with respect to such Home Equity Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are Nonrecoverable Advanceswill be nonrecoverable, the Servicer shall be entitled to reimbursement for such aggregate Nonrecoverable Advances from collections on any Home Equity Loan of the related Group on deposit in the Principal and Interest Account. The Servicer shall deliver an Officer’s Certificate give written notice of such determination as to why such amount would not be recoverable to the TrusteeTrustee and the Certificate Insurer; the Trustee shall promptly furnish a copy of such notice to the Owners of the Class R Certificates upon requestCertificates; provided, further, that the Servicer shall be entitled to recover any unreimbursed Delinquency Advances from Liquidation Proceeds for the related Home Equity Loan.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Chec Asset Receivables Corp), Pooling and Servicing Agreement (Chec Asset Receivables Corp), Pooling and Servicing Agreement (DLJ Mortgage Acceptance Corp)

Delinquency Advances and Servicing Advances. (a) On or before each Monthly Remittance Date, the Servicer shall be required to remit to the Indenture Trustee for deposit to the Certificate Distribution Account out of the Servicer’s 's own funds or from collections on any Home Equity Loans that are not required to be distributed on the Distribution Date occurring during the month in which such remittance is made (all or any portion of such amount to be replaced on future Monthly Remittance Dates to the extent required for distribution) any Delinquent payment of interest with respect to each Delinquent Home Equity Loan, which payment was not received on or prior to the last day of the related Remittance Period. Such amounts of the Servicer’s 's own funds so deposited are "Delinquency Advances". The Servicer shall be permitted to reimburse itself on any Business Day for any Delinquency Advances paid from the Servicer’s 's own funds (i) funds, from late collections on the related Home Equity Loan or (ii) as otherwise provided in Section 7.03(b)5.01. Notwithstanding the foregoing, in the event that the Servicer determines in its reasonable business judgment in accordance with the servicing standards set out herein that any proposed Delinquency Advance would not be recoverable, the Servicer shall not be required to make Delinquency Advances with respect to such Home Equity Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are is a Nonrecoverable AdvancesAdvance, the Servicer shall be entitled to reimbursement for such aggregate Nonrecoverable Advances from collections on any Home Equity Loan of the related Group on deposit in the Principal and Interest Account. The Servicer shall deliver an Officer’s Certificate give written notice of such determination as to why such amount would not be recoverable to the TrusteeIndenture Trustee and the Insurer; the Indenture Trustee shall promptly furnish a copy of such notice to the Owners of Transferor with respect to the Class R Certificates upon requestTransferor Interest; provided, further, that the Servicer shall be entitled to recover any unreimbursed Delinquency Advances from Liquidation Proceeds for the related Home Equity Loan.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (Chec Funding LLC), Sale and Servicing Agreement (Chec Funding LLC), Sale and Servicing Agreement (Renaissance Mortgage Acceptance Corp)

Delinquency Advances and Servicing Advances. (a) On or before each Monthly Remittance Date, the Servicer shall be required to remit to the Trustee for deposit to the Certificate Account out of the Servicer’s 's own funds any Delinquent payment of interest with respect to each Delinquent Home Equity Loan, which payment was not received on or prior to the related Remittance Date and was not theretofore advanced by the Servicer. Such amounts of the Servicer's own funds so deposited are "Delinquency Advances". The Servicer shall be permitted to reimburse itself on any Business Day for any Delinquency Advances paid from the Servicer's own funds, from collections on any Home Equity Loans that are not required to be distributed on the Distribution Payment Date occurring during the month in which such remittance reimbursement is made (all or any portion of such amount to be replaced on future Monthly Remittance Dates to the extent required for distribution) any Delinquent payment of interest with respect to each Delinquent Home Equity Loan, which payment was not received on or prior to the last day of the related Remittance Period. Such amounts of the Servicer’s own funds so deposited are “Delinquency Advances”. The Servicer shall be permitted to reimburse itself on any Business Day for any Delinquency Advances paid from the Servicer’s own funds (i) from late collections on the related Home Equity Loan or (ii) as otherwise provided in Section 7.03(b7.03(b)(iii)(B). Notwithstanding the foregoing, in the event that the Servicer determines in its reasonable business judgment in accordance with the servicing standards set out herein that any proposed Delinquency Advance would not be recoverable, the Servicer shall not be required to make Delinquency Advances with respect to such Home Equity Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are Nonrecoverable Advanceswill be nonrecoverable, the Servicer shall be entitled to reimbursement for such aggregate Nonrecoverable unreimbursed Delinquency Advances from collections on any Home Equity Loan of the related Group on deposit as provided in the Principal and Interest Accountprior paragraph. The Servicer shall deliver an Officer’s Certificate give written notice of such determination as to why such amount would not be recoverable to the TrusteeTrustee and the Certificate Insurer; the Trustee shall promptly furnish a copy of such notice to the Owners of the Class R Certificates upon requestCertificates; provided, further, that the Servicer shall be entitled to recover any unreimbursed Delinquency Advances from Liquidation Proceeds for the related Home Equity Loan.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Imc Home Equity Loan Trust 1997-7), Pooling and Servicing Agreement (Imc Home Equity Loan Trust 1998-3), Pooling and Servicing Agreement (Imc Home Equity Loan Trust 1996-4)

Delinquency Advances and Servicing Advances. (a) On or before each Monthly Remittance Date, the Servicer shall be required to remit to the Trustee for deposit to the Certificate Account out of the Servicer’s 's own funds any Delinquent payment of interest with respect to each Delinquent Home Equity Loan, which payment was not received on or prior to the related Remittance Date and was not theretofore advanced by the Servicer. Such amounts of the Servicer's own funds so deposited are "Delinquency Advances". The Servicer shall be permitted to reimburse itself on any Business Day for any Delinquency Advances paid from the Servicer's own funds, from collections on any Home Equity Loans that are not required to be distributed on the Distribution Payment Date occurring during the month in which such remittance reimbursement is made (all or any portion of such amount to be replaced on future Monthly Remittance Dates to the extent required for distribution) any Delinquent payment of interest with respect to each Delinquent Home Equity Loan, which payment was not received on or prior to the last day of the related Remittance Period. Such amounts of the Servicer’s own funds so deposited are “Delinquency Advances”. The Servicer shall be permitted to reimburse itself on any Business Day for any Delinquency Advances paid from the Servicer’s own funds (i) from late collections on the related Home Equity Loan or (ii) as otherwise provided in Section 7.03(b7.03(d)(viii). Notwithstanding the foregoing, in the event that the Servicer determines in its reasonable business judgment in accordance with the servicing standards set out herein that any proposed Delinquency Advance would not be recoverable, the Servicer shall not be required to make Delinquency Advances with respect to such Home Equity Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are Nonrecoverable Advanceswill be nonrecoverable, the Servicer shall be entitled to reimbursement for such aggregate Nonrecoverable unreimbursed Delinquency Advances from collections on any Home Equity Loan of the related Group on deposit as provided in the Principal and Interest Accountprior paragraph. The Servicer shall deliver an Officer’s Certificate give written notice of such determination as to why such amount would not be recoverable to the Trustee; the Trustee shall promptly furnish a copy of such notice to the Owners of the Class R Certificates upon requestCertificates; provided, further, that the Servicer shall be entitled to recover any unreimbursed Delinquency Advances from Liquidation Proceeds for the related Home Equity Loan.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Imc Home Equity Loan Trust 1998-1), Pooling and Servicing Agreement (Imc Home Equity Loan Trust 1997-3), Pooling and Servicing Agreement (Imc Home Equity Loan Trust 1998 5)

Delinquency Advances and Servicing Advances. (a) On or before Subject to the second paragraph of this subsection (a), the Master Servicer will be obligated on each Monthly Remittance Date, the Servicer shall be required Date to remit to the Trustee from its own funds for deposit into the Distribution Account an amount equal to interest on the Certificate Account out Mortgage Loans due during the related Due Period (net of the Servicer’s own funds or from collections on any Home Equity Loans that are not required to be distributed on the Distribution Date occurring during the month in which such remittance is made Servicing Fee) but uncollected (all or any portion of such amount to be replaced on future Monthly Remittance Dates to the extent required for distributioni) any Delinquent payment of interest with respect to each Delinquent Home Equity LoanSimple Interest Loans, which payment was not received on or prior to as of the last day end of the related Remittance Due Period. Such amounts , and (ii) with respect to Actuarial Loans, as of the Servicer’s own funds so deposited are “related Determination Date (such amount, a "Delinquency Advances”Advance"). The Servicer shall be permitted to reimburse itself on any Business Day for any For purposes of calculating the amount of Delinquency Advances paid for the Simple Interest Loans or Excess Interest for reimbursement of such Delinquency Advances for a Mortgage Loan Group, the amount "due" during the Due Period will be deemed to be 30 days' interest at the weighted average Mortgage Rate for the Simple Interest Loans in such Mortgage Loan Group. Delinquency Advances are recoverable from the Servicer’s own funds (i) from late collections on the related Home Equity Mortgage Loan or which gave rise to the Delinquency Advance, (ii) as otherwise provided in Liquidation Proceeds for the Mortgage Loan which gave rise to such Delinquency Advance, (iii) with respect to Simple Interest Loans, Excess Interest for the related Mortgage Loan Group and (iv) pursuant to Section 7.03(b7.03(c)(ii)(C). Notwithstanding the foregoing, in the event that the Servicer determines in its reasonable business judgment in accordance with the servicing standards set out herein that any proposed Delinquency Advance would not be recoverable, the Master Servicer shall not be required obligated to make a Delinquency Advances with respect Advance as to any Mortgage Loan if the Master Servicer determines that such Home Equity LoanDelinquency Advance, if made, would be a Nonrecoverable Advance. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are Nonrecoverable Advances, the The Master Servicer shall be entitled to reimbursement for such aggregate Nonrecoverable Advances from collections on any Home Equity Loan of the related Group on deposit in the Principal and Interest Account. The Servicer shall deliver an Officer’s Certificate give written notice of such determination as to why such amount would not be recoverable to the TrusteeTrustee and the Certificate Insurer; and the Trustee shall promptly furnish a copy of such notice to the Owners of the Class R Certificates upon requestOwners; provided, further, that the Master Servicer shall be entitled to recover any unreimbursed Delinquency Advances from the aforesaid Liquidation Proceeds for prior to the related Home Equity Loanpayment of the Liquidation Proceeds to any other party to this Agreement.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Block Mortgage Finance Inc Asset Backed Cert Series 1999 2), Pooling and Servicing Agreement (Block Mortgage Finance Asset Backed Certificates Ser 1999 1), Pooling and Servicing Agreement (Block Mortgage Finance Inc Asset Backed Cert Series 1998 2)

Delinquency Advances and Servicing Advances. (a) On or before each Monthly Remittance Date, If the Servicer shall be required to remit to the Trustee for deposit to the Certificate Account out of the Servicer’s own funds or from collections on any Home Equity Loans that are not required to be distributed on the Distribution Date occurring during the month in which such remittance is made (all or any portion of such amount to be replaced on future Monthly Remittance Dates to the extent required for distribution) any Delinquent payment of interest with respect to each Delinquent Home Equity Loan, which payment was not received on or prior to the last day of the related Remittance Period. Such amounts of the Servicer’s own funds so deposited are “Delinquency Advances”. The Servicer shall be permitted to reimburse itself on any Business Day for any Delinquency Advances paid from the Servicer’s own funds (i) from late collections on the related Home Equity Loan or (ii) as otherwise provided in Section 7.03(b). Notwithstanding the foregoing, in the event that the Servicer determines in its reasonable business judgment in accordance with the servicing standards set out herein that any proposed Delinquency Advance would not be recoverable, the Servicer shall not be required to make Delinquency Advances with respect to such Home Equity Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are Nonrecoverable Advances, the Servicer shall be entitled to reimbursement for such aggregate Nonrecoverable Advances from collections on any Home Equity Loan of the related Group on deposit in the Principal and Interest AccountAccount with respect to any Mortgage Loan Group as of any Remittance Date is less than the related Monthly Remittance for such Remittance Date, the Master Servicer shall deposit to the Principal and Interest Account with respect to such Mortgage Loan Group a sufficient amount of its own funds to make such amount equal to the related Monthly Remittance for such Remittance Date. Such amounts of the Master Servicer's own funds so deposited are "Delinquency Advances". Any Delinquency Advances funded by the Master Servicer from its own funds are reimbursable from subsequent collections on or with respect to the related Mortgage Loan, including Liquidation Proceeds, Insurance Proceeds, Released Mortgaged Property Proceeds, and payments from the related Mortgagor. Notwithstanding anything to the contrary contained in this Agreement, no Delinquency Advance or Servicing Advance shall be required to be made by the Master Servicer if such Delinquency Advance or Servicing Advance would, if made, constitute a Nonrecoverable Advance. The Servicer shall deliver an Officer’s Certificate of such determination as to why such amount would not be recoverable to the Trustee; the Trustee shall promptly furnish a copy of such notice to the Owners of the Class R Certificates upon request; provided, further, that the Master Servicer shall be entitled permitted to recover any unreimbursed fund its payment of Delinquency Advances on any Remittance Date from collections on any Mortgage Loan deposited to the Principal and Interest Account subsequent to the related Remittance Period, and shall deposit to the Certificate Account with respect to Delinquency Advances funded from amounts on deposit in the Principal and Interest Account (i) collections from the Mortgagor whose delinquency gave rise to the shortfall which resulted in such Delinquency Advance and (ii) Net Liquidation Proceeds recovered on account of the related Mortgage Loan to the extent of the amount of aggregate Delinquency Advances related thereto. In any event, to the extent the Master Servicer uses such funds, the Master Servicer must reimburse the Principal and Interest Account by the next Remittance Date to the extent necessary to provide for the related Home Equity LoanMonthly Remittance.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Access Financial Lending Corp), Pooling and Servicing Agreement (Access Financial Lending Corp), Pooling and Servicing Agreement (Home Equity Securitization Corp)

Delinquency Advances and Servicing Advances. (a) On or before each If the amount on deposit in the Certificate Account as of any Monthly Remittance Date is less than the sum of (I) the Group I and Group II Interest Remittance Amount on such Monthly Remittance Date and (II) the Group I and Group II Principal Remittance Amount on such Monthly Remittance Date, the Servicer shall be required to remit to the Trustee for deposit to into the Certificate Account out a sufficient amount of the Servicer’s its own funds or from collections on any Home Equity Loans that are not required to be distributed on make the Distribution Date occurring during the month in which such remittance is made (all or any portion of such total amount to be replaced on future Monthly Remittance Dates remitted to the extent required for distribution) any Delinquent payment of interest with respect Trustee equal to each Delinquent Home Equity Loan, which payment was not received on or prior to the last day of the related Remittance Periodsuch sum. Such amounts of the Servicer’s 's own funds so deposited are "Delinquency Advances," including but not limited to any amount advanced due to the invocation by a Mortgagor of the relief provisions provided by the Soldiers' and Sailors' Civil Relief Act of 1940. The Servicer shall be permitted to reimburse itself fund its payment of Delinquency Advances on any Business Day and to reimburse itself for any Delinquency Advances paid from the Servicer’s 's own funds from collections on any Home Equity Loan deposited to the Principal and Interest Account subsequent to the related Remittance Period and shall deposit into the Principal and Interest Account with respect thereto (i) collections from late collections on the related Home Equity Loan or Mortgagor whose Delinquency gave rise to the shortfall which resulted in such Delinquency Advance and (ii) as otherwise provided in Net Liquidation Proceeds recovered on account of the related Mortgage Loan to the extent of the amount of aggregate Delinquency Advances related thereto. If not recovered from the related Mortgagor or the related Net Liquidation Proceeds, the Servicer shall recover Delinquency Advances pursuant to Section 7.03(b7.03(e)(iii). Notwithstanding the foregoing, in the event that the Servicer determines in its reasonable business judgment in accordance with that the servicing standards set out herein that any proposed aggregate unreimbursed Delinquency Advance would not be recoverableAdvances exceed the aggregate remaining Scheduled Payments due on the Home Equity Loans, the Servicer shall not be required to make any future Delinquency Advances with respect to such Home Equity Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are Nonrecoverable Advances, the Servicer and shall be entitled to reimbursement for such aggregate Nonrecoverable unreimbursed Delinquency Advances from collections on any Home Equity Loan of the related Group on deposit in the Principal and Interest Accountas provided above. The Servicer shall deliver an Officer’s Certificate give written notice of such determination as to why such amount would not be recoverable to the TrusteeTrustee and the Certificate Insurer; and the Trustee shall promptly furnish a copy of such notice to the Owners of the Class R Certificates upon requestCertificates; provided, further, that the Servicer shall be entitled to recover any unreimbursed Delinquency Advances from the aforesaid Liquidation Proceeds for prior to the related Home Equity Loanpayment of the Liquidation Proceeds to any other party to this Agreement.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Contisecurities Asset Funding Corp), Pooling and Servicing Agreement (Contisecurities Asset Funding Corp)

Delinquency Advances and Servicing Advances. (a) On or before each Monthly Remittance Date, the Servicer shall be required to remit to the Trustee for deposit to the Certificate Account out of the Servicer’s 's own funds any Delinquent payment of interest with respect to each Delinquent Home Equity Loan, which payment was not received on or prior to the related Remittance Date and was not theretofore advanced by the Servicer. Such amounts of the Servicer's own funds so deposited are "Delinquency Advances". The Servicer shall be permitted to reimburse itself on any Business Day for any Delinquency Advances paid from the Servicer's own funds, from collections on any Home Equity Loans that are not required to be distributed on the Distribution Payment Date occurring during the month in which such remittance reimbursement is made (all or any portion of such amount to be replaced on future Monthly Remittance Dates to the extent required for distribution) any Delinquent payment of interest with respect to each Delinquent Home Equity Loan, which payment was not received on or prior to the last day of the related Remittance Period. Such amounts of the Servicer’s own funds so deposited are “Delinquency Advances”. The Servicer shall be permitted to reimburse itself on any Business Day for any Delinquency Advances paid from the Servicer’s own funds (i) from late collections on the related Home Equity Loan or (ii) as otherwise provided in Section 7.03(b7.03(b)(iii)(C). Notwithstanding the foregoing, in the event that the Servicer determines in its reasonable business judgment in accordance with the servicing standards set out herein that any proposed Delinquency Advance would not be recoverable, the Servicer shall not be required to make Delinquency Advances with respect to such Home Equity Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are Nonrecoverable Advanceswill be nonrecoverable, the Servicer shall be entitled to reimbursement for such aggregate Nonrecoverable unreimbursed Delinquency Advances from collections on any Home Equity Loan of the related Group on deposit as provided in the Principal and Interest Accountprior paragraph. The Servicer shall deliver an Officer’s Certificate give written notice of such determination as to why such amount would not be recoverable to the TrusteeTrustee and the Certificate Insurer; the Trustee shall promptly furnish a copy of such notice to the Owners of the Class R Certificates upon requestCertificates; provided, further, that the Servicer shall be entitled to recover any unreimbursed Delinquency Advances from Liquidation Proceeds for the related Home Equity Loan.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Imc Home Equity Loan Trust 1997-2), Pooling and Servicing Agreement (Imc Home Equity Loan Trust 1997-1)

Delinquency Advances and Servicing Advances. (a) On or before each If the amount on deposit in the Certificate Account as of any Monthly Remittance Date is less than the sum of (I) the Interest Remittance Amount on such Monthly Remittance Date and (II) the Principal Remittance Amount on such Monthly Remittance Date, the Servicer shall be required to remit to the Trustee for deposit to into the Certificate Account out a sufficient amount of the Servicer’s its own funds or from collections on any Home Equity Loans that are not required to be distributed on make the Distribution Date occurring during the month in which such remittance is made (all or any portion of such total amount to be replaced on future Monthly Remittance Dates remitted to the extent required for distribution) any Delinquent payment of interest with respect Trustee equal to each Delinquent Home Equity Loan, which payment was not received on or prior to the last day of the related Remittance Periodsuch sum. Such amounts of the Servicer’s 's own funds so deposited are "Delinquency Advances", including but not limited to any amount advanced due to the invocation by a Mortgagor of the relief provisions provided by the Soldiers' and Sailors' Civil Relief Act of 1940. The Servicer shall be permitted to reimburse itself fund its payment of Delinquency Advances on any Business Day and to reimburse itself for any Delinquency Advances paid from the Servicer’s 's own funds (i) from late collections on any Home Equity Loan in the related Home Equity Loan or Group deposited to the Principal and Interest Account subsequent to the related Remittance Period and shall deposit into the Principal and Interest Account with respect thereto (i) collections from the Mortgagor whose Delinquency gave rise to the shortfall which resulted in such Delinquency Advance and (ii) as otherwise provided in Net Liquidation Proceeds recovered on account of the related Mortgage Loan to the extent of the amount of aggregate Delinquency Advances related thereto. If not recovered from the related Mortgagor or the related Net Liquidation Proceeds, the Servicer shall recover Delinquency Advances pursuant to Section 7.03(b7.03(c)(ii)(C). Notwithstanding the foregoing, in the event that the Servicer determines in its reasonable business judgment in accordance with that the servicing standards set out herein that any proposed aggregate unreimbursed Delinquency Advance would not be recoverableAdvances exceed the aggregate remaining Scheduled Payments due on the Home Equity Loans, the Servicer shall not be required to make any future Delinquency Advances with respect to such Home Equity Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are Nonrecoverable Advances, the Servicer and shall be entitled to reimbursement for such aggregate Nonrecoverable unreimbursed Delinquency Advances from collections on any Home Equity Loan of the related Group on deposit as provided in the Principal and Interest Accountprior paragraph. The Servicer shall deliver an Officer’s Certificate give written notice of such determination as to why such amount would not be recoverable to the TrusteeTrustee and the Certificate Insurer; and the Trustee shall promptly furnish a copy of such notice to the Owners of the Class R Certificates upon requestCertificates; provided, further, that the Servicer shall be entitled to recover any unreimbursed Delinquency Advances from the aforesaid Liquidation Proceeds for prior to the related Home Equity Loanpayment of the Liquidation Proceeds to any other party to this Agreement.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Contimortgage Home Equity Loan Trust 1996-4), Pooling and Servicing Agreement (Contisecurities Asset Funding Corp)

Delinquency Advances and Servicing Advances. (a) On or before Each Servicer is required, not later than each Monthly Remittance Date, to deposit into the related Principal and Interest Account an amount equal to the sum of the interest (net of the Servicing Fee) and scheduled principal due (except any Balloon Payment), but not collected, with respect to Delinquent Mortgage Loans serviced by it during the related Remittance Period but only if, in its good faith business judgment, such Servicer reasonably believes that such amount will ultimately be recovered from the related Mortgage Loan. With respect to each Balloon Loan, the related Servicer shall be required to remit advance an amount of principal and interest on an assumed schedule based on the original principal amortization for the related Balloon Loan (but only if, in its good faith business judgment, such Servicer reasonably believes that such amount will ultimately be recovered from the related Mortgage Loan). Any determination of nonrecoverability shall be explained in a notice provided by such Servicer to the Trustee for deposit and the Seller. Such amounts are "Delinquency Advances". Each Servicer shall be permitted to the Certificate Account out fund its payment of the Servicer’s Delinquency Advances from its own funds or from collections funds on any Home Equity Loans deposit in the related Principal and Interest Account that are not required to be distributed on the Distribution Date occurring during the month in which such remittance is made (all or any portion of such amount to be replaced on future Monthly Remittance Dates to related Payment Date. To the extent a Servicer uses funds not required for distribution) any Delinquent payment of interest distribution on a Payment Date to make Delinquency Advances with respect to each Delinquent Home Equity Loansuch Payment Date, which payment was not received on or it shall deposit into the related Principal and Interest Account such amount prior to the last day of the related next succeeding Monthly Remittance PeriodDate. Such amounts of the Servicer’s own funds so deposited are “Delinquency Advances”. The Each Servicer shall be permitted entitled to reimburse itself on any Business Day reimbursement for any Delinquency Advances paid from the Servicer’s own funds (i) from late collections, Liquidation Proceeds or otherwise with respect to collections on the related Home Equity Mortgage Loan or (iiincluding Balloon Loans) as otherwise provided in Section 7.03(b)with respect to which such Delinquency Advance was made. Notwithstanding the foregoing, in the event that the a Servicer determines in its reasonable business judgment in accordance with that the servicing standards set out herein that any proposed aggregate unreimbursed Delinquency Advance would not be recoverableAdvances exceed the expected Liquidation Proceeds on a Mortgage Loan, the such Servicer shall not be required to make any future Delinquency Advances with respect to such Home Equity that Mortgage Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are Nonrecoverable Advances, the Servicer and shall be entitled to reimbursement for such aggregate Nonrecoverable unreimbursed Delinquency Advances from collections on any Home Equity Loan of amounts in the related Group on deposit in the Principal and Interest Account. The Such Servicer shall deliver an Officer’s Certificate give written notice of such determination as to why such amount would not be recoverable of nonrecoverability to the Trustee; Trustee and the Seller, and the Trustee shall promptly furnish a copy of such notice to the Owners Owner of a majority of the Percentage Interests of the Class R Certificates upon requestCertificates; provided, further, that the such Servicer shall be entitled to recover any unreimbursed Delinquency Advances from the aforesaid Liquidation Proceeds for prior to the related Home Equity Loanpayment of the Liquidation Proceeds to any other party to this Agreement.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Amresco Residential Securities Corp Mort Loan Trust 1997-3), Custodial Agreement (Amresco Residential Securities Corp Mortgage Loan Tr 1997-2)

Delinquency Advances and Servicing Advances. (a) On or before each Monthly Remittance Date, the Servicer shall be required to remit to the Trustee for deposit to the Certificate Account out of the Servicer’s 's own funds or from collections on any Home Equity Loans that are not required to be distributed on the Distribution Date occurring during the month in which such remittance is made (all or any portion of such amount to be replaced on future Monthly Remittance Dates to the extent required for distribution) any Delinquent payment of interest with respect to each Delinquent Home Equity Loan, which payment was not received on or prior to the last day of the related Remittance Period. Such amounts of the Servicer’s 's own funds so deposited are "Delinquency Advances". The Servicer shall be permitted to reimburse itself on any Business Day for any Delinquency Advances paid from the Servicer’s 's own funds (i) funds, from late collections on the related Home Equity Loan or (ii) as otherwise provided in Section 7.03(b7.03(b)(iii)(F). Notwithstanding the foregoing, in the event that the Servicer determines in its reasonable business judgment in accordance with the servicing standards set out herein that any proposed Delinquency Advance would not be recoverable, the Servicer shall not be required to make Delinquency Advances with respect to such Home Equity Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are is a Nonrecoverable AdvancesAdvance, the Servicer shall be entitled to reimbursement for such aggregate Nonrecoverable Advances from collections on any Home Equity Loan of the related Group on deposit in the Principal and Interest Account. The Servicer shall deliver an Officer’s Certificate give written notice of such determination as to why such amount would not be recoverable to the TrusteeTrustee and the Certificate Insurer; the Trustee shall promptly furnish a copy of such notice to the Owners of the Class R Certificates upon requestCertificates; provided, further, that the Servicer shall be entitled to recover any unreimbursed Delinquency Advances from Liquidation Proceeds for the related Home Equity Loan.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Centex Home Equity Ln Asset Bk Cert Ser 1999-3), Pooling and Servicing Agreement (Centex Home Equity Loan Trust 1999-2)

Delinquency Advances and Servicing Advances. (a) On or before each If the amount on deposit in the Certificate Account as of any Monthly Remittance Date is less than the sum of (I) the Interest Remittance Amount on such Monthly Remittance Date and (II) the Principal Remittance Amount on such Monthly Remittance Date, the Servicer shall be required to remit to the Trustee for deposit to into the Certificate Account out a sufficient amount of the Servicer’s its own funds or from collections on any Home Equity Loans that are not required to be distributed on make the Distribution Date occurring during the month in which such remittance is made (all or any portion of such total amount to be replaced on future Monthly Remittance Dates remitted to the extent required for distribution) any Delinquent payment of interest with respect Trustee equal to each Delinquent Home Equity Loan, which payment was not received on or prior to the last day of the related Remittance Periodsuch sum. Such amounts of the Servicer’s 's own funds so deposited are "Delinquency Advances", including but not limited to any amount advanced due to the invocation by a Mortgagor of the relief provisions provided by the Soldiers' and Sailors' Civil Relief Act of 1940. The Servicer shall be permitted to reimburse itself fund its payment of Delinquency Advances on any Business Day and to reimburse itself for any Delinquency Advances paid from the Servicer’s 's own funds (i) from late collections on any Home Equity Loan in the related Home Equity Loan or Group deposited to the Principal and Interest Account subsequent to the related Remittance Period and shall deposit into the Principal and Interest Account with respect thereto (i) collections from the Mortgagor whose Delinquency gave rise to the shortfall which resulted in such Delinquency Advance and (ii) as otherwise provided in Net Liquidation Proceeds recovered on account of the related Mortgage Loan to the extent of the amount of aggregate Delinquency Advances related thereto. If not recovered from the related Mortgagor or the related Net Liquidation Proceeds, the Servicer shall recover Delinquency Advances pursuant to Section 7.03(b7.03(h). Notwithstanding the foregoing, in the event that the Servicer determines in its reasonable business judgment in accordance with that the servicing standards set out herein that any proposed aggregate unreimbursed Delinquency Advance would not be recoverableAdvances exceed the aggregate remaining Scheduled Payments due on the Home Equity Loans, the Servicer shall not be required to make any future Delinquency Advances with respect to such Home Equity Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are Nonrecoverable Advances, the Servicer and shall be entitled to reimbursement for such aggregate Nonrecoverable unreimbursed Delinquency Advances from collections on any Home Equity Loan of the related Group on deposit in the Principal and Interest Accountas provided above. The Servicer shall deliver an Officer’s Certificate give written notice of such determination as to why such amount would not be recoverable to the Trustee; and the Trustee shall promptly furnish a copy of such notice to the Owners of the Class R Certificates upon requestCertificates; provided, further, that the Servicer shall be entitled to recover any unreimbursed Delinquency Advances from the aforesaid Liquidation Proceeds for prior to the related Home Equity Loanpayment of the Liquidation Proceeds to any other party to this Agreement.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Contimortgage Home Equity Loan Trust 1997-3), Pooling and Servicing Agreement (Contimortgage Home Equity Loan Trust 1997-2)

Delinquency Advances and Servicing Advances. (a) On or before each If, on any Monthly Remittance Date, the interest component (net of the Servicing Fee) of any Mortgagor payment due during the preceding Remittance Period has not yet been received, the Servicer shall be required to remit to the Trustee for deposit to the Certificate Account out of the Servicer’s own funds or from collections on any Home Equity Loans that are not required to be distributed on the Distribution Date occurring during the month in which such remittance is made (all or any portion make an advance of such amount to be replaced on future Monthly Remittance Dates the Certificate Account, but only to the extent required for distribution) any Delinquent payment that the Servicer reasonably believes that the amount of interest with respect to each Delinquent such advance will be recoverable from subsequent collections on the related Home Equity Loan, which payment was not received and would increase Net Liquidation Proceeds on or prior such Home Equity Loan, were such Home Equity Loan to the last day of the related Remittance Periodcontinue to be delinquent and ultimately liquidated. Such amounts of the Servicer’s 's own funds so deposited advanced are "Delinquency Advances," and include but are not limited to any amount advanced due to the invocation by a Mortgagor of the relief provisions provided by the Soldiers' and Sailors' Civil Relief Act of 1940. The Servicer shall be permitted to reimburse itself fund its payment of Delinquency Advances on any Business Day and to reimburse itself for any Delinquency Advances paid from the Servicer’s 's own funds (i) from late collections on the related Home Equity Loan or (ii) as otherwise provided in Section 7.03(b). Notwithstanding the foregoing, in the event that the Servicer determines in its reasonable business judgment in accordance with the servicing standards set out herein that any proposed Delinquency Advance would not be recoverable, the Servicer shall not be required to make Delinquency Advances with respect to such Home Equity Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are Nonrecoverable Advances, the Servicer shall be entitled to reimbursement for such aggregate Nonrecoverable Advances from collections on any Home Equity Loan of the related Group on deposit in deposited to the Principal and Interest Account. The Servicer shall deliver an Officer’s Certificate of such determination as to why such amount would not be recoverable Account subsequent to the Trustee; related Remittance Period and shall deposit into the Trustee shall promptly furnish a copy of such notice Principal and Interest Account with respect thereto (i) collections from the Mortgagor whose Delinquency gave rise to the Owners shortfall which resulted in such Delinquency Advance and (ii) Net Liquidation Proceeds recovered on account of the Class R Certificates upon request; providedrelated Mortgage Loan to the extent of the amount of aggregate Delinquency Advances related thereto. If not previously reimbursed therefor, further, that the Servicer shall be entitled to recover any unreimbursed Delinquency Advances from Liquidation Proceeds for the related Home Equity Loanpursuant to Section 7.03(b)(viii)(b).

Appears in 1 contract

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

Delinquency Advances and Servicing Advances. (a) On or before each If, on any Monthly Remittance Date, the interest component (net of the Servicing Fee) of any Mortgagor payment due during the preceding Remittance Period has not yet been received, the Servicer shall be required to remit or the Master Servicer, to the Trustee for deposit to the Certificate Account out of the Servicer’s own funds or from collections on any Home Equity Loans that are not required to be distributed on the Distribution Date occurring during the month extent described in which such remittance is made (all or any portion Section 12.01(c) hereof, shall make an advance of such amount to be replaced on future Monthly Remittance Dates the Certificate Account, but only to the extent required for distribution) any Delinquent payment that the Servicer, or Master Servicer, as applicable, reasonably believes that the amount of interest with respect to each Delinquent such advance will be recoverable from subsequent collections on the related Home Equity Loan, which payment was not received and would increase Net Liquidation Proceeds on or prior such Home Equity Loan, were such Home Equity Loan to the last day of the related Remittance Periodcontinue to be delinquent and ultimately liquidated. Such amounts of the Servicer’s 's, or Master Servicer's, as applicable, own funds so deposited advanced are "Delinquency Advances," and include but are not limited to any amount advanced due to the invocation by a Mortgagor of the relief provisions provided by the Soldiers' and Sailors' Civil Relief Act of 1940. The Servicer Servicer, or Master Servicer, as applicable, shall be permitted to reimburse itself fund its payment of Delinquency Advances on any Business Day and to reimburse itself for any Delinquency Advances paid from the Servicer’s 's own funds (i) from late collections on the related Home Equity Loan or (ii) as otherwise provided in Section 7.03(b). Notwithstanding the foregoing, in the event that the Servicer determines in its reasonable business judgment in accordance with the servicing standards set out herein that any proposed Delinquency Advance would not be recoverable, the Servicer shall not be required to make Delinquency Advances with respect to such Home Equity Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are Nonrecoverable Advances, the Servicer shall be entitled to reimbursement for such aggregate Nonrecoverable Advances from collections on any Home Equity Loan of the related Group on deposit in deposited to the Principal and Interest Account. The Servicer shall deliver an Officer’s Certificate of such determination as to why such amount would not be recoverable Account subsequent to the Trustee; related Remittance Period and shall deposit into the Trustee shall promptly furnish a copy of such notice Principal and Interest Account with respect thereto (i) collections from the Mortgagor whose Delinquency gave rise to the Owners shortfall which resulted in such Delinquency Advance and (ii) Net Liquidation Proceeds recovered on account of the Class R Certificates upon request; providedrelated Mortgage Loan to the extent of the amount of aggregate Delinquency Advances related thereto. If not previously reimbursed therefor, further, that the Servicer shall be entitled to recover any unreimbursed Delinquency Advances from Liquidation Proceeds for pursuant to Section 7.03(b)(viii)(c) hereof, and the related Home Equity LoanMaster Servicer shall recover Delinquency Advances pursuant to Section 7.03(b)(viii)(b).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Contimortgage Home Equity Trust 1999-1)

Delinquency Advances and Servicing Advances. (a) On or before Subject to the second paragraph of this subsection (a), the Master Servicer will be obligated on each Monthly Remittance Date, the Servicer shall be required Date to remit to the Trustee from its own funds for deposit into the Distribution Account an amount equal to interest on the Certificate Account out Mortgage Loans due during the related Due Period (net of the Servicer’s own funds or from collections on any Home Equity Loans that are not required to be distributed on the Distribution Date occurring during the month in which such remittance is made Servicing Fee) but uncollected (all or any portion of such amount to be replaced on future Monthly Remittance Dates to the extent required for distributioni) any Delinquent payment of interest with respect to each Delinquent Home Equity LoanSimple Interest Loans, which payment was not received on or prior to as of the last day end of the related Remittance Due Period. Such amounts , and (ii) with respect to Actuarial Loans, as of the Servicer’s own funds so deposited are “related Determination Date (such amount, a "Delinquency Advances”Advance"). The Servicer shall For purposes of calculating the amount of a Delinquency Advance for a Simple Interest Loan, the amount "due" during the Due Period will be permitted deemed to reimburse itself on any Business Day be 30 days' interest at the Mortgage Rate for any such Mortgage Loan. Delinquency Advances paid are recoverable from the Servicer’s own funds (i) from late collections on the related Home Equity Mortgage Loan or which gave rise to the Delinquency Advance, (ii) as otherwise provided in Liquidation Proceeds for the Mortgage Loan which gave rise to such Delinquency Advance and (iii) pursuant to Section 7.03(b7.03(c)(ii)(C). Notwithstanding the foregoing, in the event that the Servicer determines in its reasonable business judgment in accordance with the servicing standards set out herein that any proposed Delinquency Advance would not be recoverable, the Master Servicer shall not be required obligated to make a Delinquency Advances with respect Advance as to any Mortgage Loan if the Master Servicer determines that such Home Equity LoanDelinquency Advance, if made, would be a Nonrecoverable Advance. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are Nonrecoverable Advances, the The Master Servicer shall be entitled to reimbursement for such aggregate Nonrecoverable Advances from collections on any Home Equity Loan of the related Group on deposit in the Principal and Interest Account. The Servicer shall deliver an Officer’s Certificate give written notice of such determination as to why such amount would not be recoverable to the TrusteeTrustee and the Certificate Insurer; and the Trustee shall promptly furnish a copy of such notice to the Owners of the Class R Certificates upon requestOwners; provided, further, that the Master Servicer shall be entitled to recover any unreimbursed Delinquency Advances from the aforesaid Liquidation Proceeds for prior to the related Home Equity Loanpayment of the Liquidation Proceeds to any other party to this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Block Mortgage Finance Asset Backed Certificates Ser 1998-1)

Delinquency Advances and Servicing Advances. (a) On or before each Monthly Remittance Date, the Servicer shall be required to remit to the Trustee for deposit to the Certificate Account out of the Servicer’s 's own funds or from collections on any Home Equity Loans that are not required to be distributed on the Distribution Date occurring during the month in which such remittance is made (all or any portion of such amount to be replaced on future Monthly Remittance Dates to the extent required for distribution) any Delinquent payment of interest with respect to each Delinquent Home Equity Loan, which payment was not received on or prior to the last day of the related Remittance Period. Such amounts of the Servicer’s 's own funds so deposited are "Delinquency Advances". The Servicer shall be permitted to reimburse itself on any Business Day for any Delinquency Advances paid from the Servicer’s 's own funds (i) from late collections on the related Home Equity Loan or (ii) as otherwise provided in Section 7.03(b). Notwithstanding the foregoing, in the event that the Servicer determines in its reasonable business judgment in accordance with the servicing standards set out herein that any proposed Delinquency Advance would not be recoverable, the Servicer shall not be required to make Delinquency Advances with respect to such Home Equity Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are Nonrecoverable Advances, the Servicer shall be entitled to reimbursement for such aggregate Nonrecoverable Advances from collections on any Home Equity Loan of the related Group on deposit in the Principal and Interest Account. The Servicer shall deliver an Officer’s 's Certificate of such determination as to why such amount would not be recoverable to the Trustee; the Trustee shall promptly furnish a copy of such notice to the Owners of the Class R Certificates upon request; provided, further, that the Servicer shall be entitled to recover any unreimbursed Delinquency Advances from Liquidation Proceeds for the related Home Equity Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Centex Home Equity Loan Trust 2002-A)

Delinquency Advances and Servicing Advances. (a) On or before each Monthly Remittance Date, the Servicer shall be required to remit to the Trustee for deposit to the Certificate Account out of the Servicer’s 's own funds or from collections on any Home Equity Loans that are not required to be distributed on the Distribution Date occurring during the month in which such remittance reimbursement is made (all or any portion of such amount to be replaced on future Monthly Remittance Dates to the extent required for distribution) any Delinquent payment of interest with respect to each Delinquent Home Equity Loan, which payment was not received on or prior to the last day of the related Remittance Period. Such amounts of the Servicer’s 's own funds so deposited are "Delinquency Advances". The Servicer shall be permitted to reimburse itself on any Business Day for any Delinquency Advances paid from the Servicer’s 's own funds (i) funds, from late collections on the related Home Equity Loan or (ii) as otherwise provided in Section 7.03(b7.03(b)(iii)(F). Notwithstanding the foregoing, in the event that the Servicer determines in its reasonable business judgment in accordance with the servicing standards set out herein that any proposed Delinquency Advance would not be recoverable, the Servicer shall not be required to make Delinquency Advances with respect to such Home Equity Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are is a Nonrecoverable AdvancesAdvance, the Servicer shall be entitled to reimbursement for such aggregate Nonrecoverable Advances from collections on any Home Equity Loan of the related Group on deposit in the Principal and Interest Account. The Servicer shall deliver an Officer’s Certificate give written notice of such determination as to why such amount would not be recoverable to the TrusteeTrustee and the Certificate Insurer; the Trustee shall promptly furnish a copy of such notice to the Owners of the Class R Certificates upon requestCertificates; providedPROVIDED, furtherFURTHER, that the Servicer shall be entitled to recover any unreimbursed Delinquency Advances from Liquidation Proceeds for the related Home Equity Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Chec Asset Receivables Corp)

Delinquency Advances and Servicing Advances. (a) On or before each Monthly Remittance Date, the Servicer shall be required to remit to the Trustee for deposit to the Certificate Account out of the Servicer’s 's own funds or from collections on any Home Equity Loans that are not required to be distributed on the Distribution Date occurring during the month in which such remittance is made (all or any portion of such amount to be replaced on future Monthly Remittance Dates to the extent required for distribution) any Delinquent payment of interest with respect to each Delinquent Home Equity Loan, which payment was not received on or prior to the last day of the related Remittance Period. Such amounts of the Servicer’s 's own funds so deposited are "Delinquency Advances". The Servicer shall be permitted to reimburse itself on any Business Day for any Delinquency Advances paid from the Servicer’s 's own funds (i) from late collections on the related Home Equity Loan or (ii) as otherwise provided in Section 7.03(b). Notwithstanding the foregoing, in the event that the Servicer determines in its reasonable business judgment in accordance with the servicing standards set out herein that any proposed Delinquency Advance would not be recoverable, the Servicer shall not be required to make Delinquency Advances with respect to such Home Equity Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are Nonrecoverable Advances, the Servicer shall be entitled to reimbursement for such aggregate Nonrecoverable Advances from collections on any Home Equity Loan of the related Group on deposit in the Principal and Interest Account. The Servicer shall deliver an Officer’s 's Certificate of such determination as to why such amount would not be recoverable to the TrusteeTrustee and the Certificate Insurer; the Trustee shall promptly furnish a copy of such notice to the Owners of the Class R Certificates upon request; provided, further, that the Servicer shall be entitled to recover any unreimbursed Delinquency Advances from Liquidation Proceeds for the related Home Equity Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Centex Home Equity Loan Asset Backed Certs Series 2001 A)

Delinquency Advances and Servicing Advances. (a) On or before each Monthly Remittance Date, the Servicer shall be required to remit to the Indenture Trustee for deposit to the Certificate Note Account out of the Servicer’s 's own funds any Delinquent payment of interest with respect to each Delinquent Home Equity Loan, which payment was not received on or prior to the related Remittance Date and was not theretofore advanced by the Servicer. Such amounts of the Servicer's own funds so deposited are "Delinquency Advances". The Servicer shall be permitted to reimburse itself on any Business Day for any Delinquency Advances paid from the Servicer's own funds, from collections on any Home Equity Loans that are not required to be distributed on the Distribution Payment Date occurring during the month in which such remittance reimbursement is made (all or any portion of such amount to be replaced on future Monthly Remittance Dates to the extent required for distribution) any Delinquent payment of interest with respect to each Delinquent Home Equity Loan, which payment was not received on or prior to the last day of the related Remittance Period. Such amounts of the Servicer’s own funds so deposited are “Delinquency Advances”. The Servicer shall be permitted to reimburse itself on any Business Day for any Delinquency Advances paid from the Servicer’s own funds (i) from late collections on the related Home Equity Loan or (ii) as otherwise provided in Section 7.03(b6.03(b)(iii)(C). Notwithstanding the foregoing, in the event that the Servicer determines in its reasonable business judgment in accordance with the servicing standards set out herein that any proposed Delinquency Advance would not be recoverable, the Servicer shall not be required to make Delinquency Advances with respect to such Home Equity Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are Nonrecoverable Advanceswill be nonrecoverable, the Servicer shall be entitled to reimbursement for such aggregate Nonrecoverable unreimbursed Delinquency Advances from collections on any Home Equity Loan of the related Group on deposit as provided in the Principal and Interest Accountprior paragraph. The Servicer shall deliver an Officer’s Certificate give written notice of such determination as to why such amount would not be recoverable to the TrusteeIndenture Trustee and the Note Insurer; the Indenture Trustee shall promptly furnish a copy of such notice to the Owners of the Class R Certificates upon requestIssuer's Certificates; provided, further, that the Servicer shall be entitled to recover any unreimbursed Delinquency Advances from Liquidation Proceeds for the related Home Equity Loan.

Appears in 1 contract

Samples: Indenture (Imc Securities Inc)

Delinquency Advances and Servicing Advances. (a) On or before each Monthly Remittance Date, the Servicer shall be required to remit to the Trustee for deposit to the Certificate Account out of the Servicer’s own funds or from collections on any Home Equity Loans that are not required to be distributed on the Distribution Date occurring during the month in which such remittance is made (all or any portion of such amount to be replaced on future Monthly Remittance Dates to the extent required for distribution) any Delinquent payment of interest with respect to each Delinquent Home Equity Loan, which payment was not received on or prior to the last day of the related Remittance Period. Such amounts of the Servicer’s own funds so deposited are “Delinquency Advances”. The Servicer shall be permitted to reimburse itself on any Business Day for any Delinquency Advances paid from the Servicer’s 's own funds (i) from late collections on the related Home Equity Loan or (ii) as otherwise provided in Section 7.03(b). Notwithstanding the foregoing, in the event that the Servicer determines in its reasonable business judgment in accordance with the servicing standards set out herein that any proposed Delinquency Advance would not be recoverable, the Servicer shall not be required to make Delinquency Advances with respect to such Home Equity Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are Nonrecoverable Advances, the Servicer shall be entitled to reimbursement for such aggregate Nonrecoverable Advances from collections on any Home Equity Loan of the related Group on deposit in the Principal and Interest Account. The Servicer shall deliver an Officer’s 's Certificate of such determination as to why such amount would not be recoverable to the Trustee; the Trustee shall promptly furnish a copy of such notice to the Owners of the Class R Certificates upon request; provided, further, that the Servicer shall be entitled to recover any unreimbursed Delinquency Advances from Liquidation Proceeds for the related Home Equity Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Centex Home Equity Loan Trust 2002 B)

Delinquency Advances and Servicing Advances. (a) On or before each Monthly Remittance Date, the Servicer shall be required to remit to the Trustee for deposit to the Certificate Account out of the Servicer’s 's own funds or from collections on any Home Equity Loans that are not required to be distributed on the Distribution Date occurring during the month in which such remittance reimbursement is made (all or any portion of such amount to be replaced on future Monthly Remittance Dates to the extent required for distributionDates) any Delinquent payment of interest (net of the Servicing Fee) and principal with respect to each Delinquent Home Equity Loan other than with respect to the last payment due on a Balloon Loan, which payment was not received on or prior to the last day of the related Remittance Due Period. Such amounts of the Servicer’s 's own funds so deposited are "Delinquency Advances". The Servicer shall be permitted to reimburse itself on any Business Day for any Delinquency Advances paid from the Servicer’s 's own funds (i) funds, from late collections on the related Home Equity Loan or (ii) as otherwise provided in Section 7.03(b7.03(b)(iii)(I). Notwithstanding the foregoing, in the event that the Servicer determines in its reasonable business judgment in accordance with the servicing standards set out herein Accepted Servicing Practices that any proposed Delinquency Advance would not be recoverablea Nonrecoverable Advance, the Servicer shall not be required to make Delinquency Advances with respect to such Home Equity Loan. To the extent that the Servicer previously has made a Delinquency Advances Advance with respect to a Home Equity Loan that the Servicer subsequently determines are is a Nonrecoverable AdvancesAdvance, the Servicer shall be entitled to reimbursement for such aggregate Nonrecoverable Advances from collections on any Home Equity Loan of the related Group on deposit in the Principal and Interest Account. The Servicer shall deliver an Officer’s Certificate give written notice of such determination as to why such amount would not be recoverable to the TrusteeTrustee and the Certificate Insurer; the Trustee shall promptly furnish a copy of such notice to the Owners of the Class R Certificates upon requestCertificates; providedPROVIDED, furtherFURTHER, that the Servicer shall be entitled to recover any unreimbursed Delinquency Advances from Liquidation Proceeds for the related Home Equity Loanin accordance with Section 8.08(d)(D).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Asset Backed Sec Corp Home Equity Loan Tr 1999-Lb1)

Delinquency Advances and Servicing Advances. (a) On or before each If the amount on deposit in the Certificate Account as of any Monthly Remittance Date is less than the sum of (I) the Interest Remittance Amount on such Monthly Remittance Date and (II) the Principal Remittance Amount on such Monthly Remittance Date, the Servicer shall be required to remit to the Trustee for deposit to into the Certificate Account out a sufficient amount of the Servicer’s its own funds or from collections on any Home Equity Loans that are not required to be distributed on make the Distribution Date occurring during the month in which such remittance is made (all or any portion of such total amount to be replaced on future Monthly Remittance Dates remitted to the extent required for distribution) any Delinquent payment of interest with respect Trustee equal to each Delinquent Home Equity Loan, which payment was not received on or prior to the last day of the related Remittance Periodsuch sum. Such amounts of the Servicer’s 's own funds so deposited are "Delinquency Advances," including but not limited to any amount advanced due to the invocation by a Mortgagor of the relief provisions provided by the Soldiers' and Sailors' Civil Relief Act of 1940. The Servicer shall be permitted to reimburse itself fund its payment of Delinquency Advances on any Business Day and to reimburse itself for any Delinquency Advances paid from the Servicer’s 's own funds from collections on any Home Equity Loan deposited to the Principal and Interest Account subsequent to the related Remittance Period and shall deposit into the Principal and Interest Account with respect thereto (i) collections from late collections on the related Home Equity Loan or Mortgagor whose Delinquency gave rise to the shortfall which resulted in such Delinquency Advance and (ii) as otherwise provided in Net Liquidation Proceeds recovered on account of the related Mortgage Loan to the extent of the amount of aggregate Delinquency Advances related thereto. If not recovered from the related Mortgagor or the related Net Liquidation Proceeds, the Servicer shall recover Delinquency Advances pursuant to Section 7.03(b7.03(e)(iii). Notwithstanding the foregoing, in the event that the Servicer determines in its reasonable business judgment in accordance with that the servicing standards set out herein that any proposed aggregate unreimbursed Delinquency Advance would not be recoverableAdvances exceed the aggregate remaining Scheduled Payments due on the Home Equity Loans, the Servicer shall not be required to make any future Delinquency Advances with respect to such Home Equity Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are Nonrecoverable Advances, the Servicer and shall be entitled to reimbursement for such aggregate Nonrecoverable unreimbursed Delinquency Advances from collections on any Home Equity Loan of the related Group on deposit in the Principal and Interest Accountas provided above. The Servicer shall deliver an Officer’s Certificate give written notice of such determination as to why such amount would not be recoverable to the TrusteeTrustee and the Certificate Insurer; and the Trustee shall promptly furnish a copy of such notice to the Owners of the Class R Certificates upon requestCertificates; provided, further, that the Servicer shall be entitled to recover any unreimbursed Delinquency Advances from the aforesaid Liquidation Proceeds for prior to the related Home Equity Loanpayment of the Liquidation Proceeds to any other party to this Agreement.

Appears in 1 contract

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

Delinquency Advances and Servicing Advances. (a) On or before each Monthly Remittance Date, the Servicer (including the Master Servicer in its capacity as successor Servicer hereunder) shall be required to remit to the Trustee Securities Administrator for deposit to the Certificate Account out of the Servicer’s own funds or from collections on any Home Equity Loans that are not required to be distributed on the Distribution Date occurring during the month in which such remittance is made (all or any portion of such amount to be replaced on future Monthly Remittance Dates to the extent required for distribution) any Delinquent payment of interest with respect to each Delinquent Home Equity Loan, which payment was not received on or prior to the last day of the related Remittance Period. Such amounts of the Servicer’s own funds so deposited are “Delinquency Advances”. The Servicer shall be permitted to reimburse itself on any Business Day for any Delinquency Advances paid from the Servicer’s own funds (i) from late collections on the related Home Equity Loan or (ii) as otherwise provided in Section 7.03(b)Loan. Notwithstanding the foregoing, in the event that the Servicer determines in its reasonable business judgment in accordance with the servicing standards set out herein that any proposed Delinquency Advance would not be recoverable, the Servicer shall not be required to make Delinquency Advances with respect to such Home Equity Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are Nonrecoverable Advances, the Servicer shall be entitled to reimbursement for such aggregate Nonrecoverable Advances from collections on any Home Equity Loan of the related Group on deposit in the Principal and Interest Account. The Servicer shall deliver an Officer’s Certificate of such determination as to why such amount would not be recoverable to the TrusteeSecurities Administrator and the Master Servicer; the Trustee Securities Administrator shall promptly furnish a copy of such notice to the Owners of the Class R Certificates upon request; provided, further, that the Servicer shall be entitled to recover any unreimbursed Delinquency Advances from Liquidation Proceeds for the related Home Equity Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Home Equity Loan Trust 2007-Fre1)

Delinquency Advances and Servicing Advances. (a) On or before each If the amount on deposit in the Certificate Account as of any Monthly Remittance Date is less than the sum of (I) the Group I and Group II Interest Remittance Amount on such Monthly Remittance Date and (II) the Group I and Group II Principal Remittance Amount on such Monthly Remittance Date, the Servicer shall be required to remit to the Trustee for deposit to into the Certificate Account out a sufficient amount of the Servicer’s its own funds or from collections on any Home Equity Loans that are not required to be distributed on make the Distribution Date occurring during the month in which such remittance is made (all or any portion of such total amount to be replaced on future Monthly Remittance Dates remitted to the extent required for distribution) any Delinquent payment of interest with respect Trustee equal to each Delinquent Home Equity Loan, which payment was not received on or prior to the last day of the related Remittance Periodsuch sum. Such amounts of the Servicer’s 's own funds so deposited are "Delinquency Advances," including but not limited to any amount advanced due to the invocation by a Mortgagor of the relief provisions provided by the Soldiers' and Sailors' Civil Relief Act of 1940. The Servicer shall be permitted to reimburse itself fund its payment of Delinquency Advances on any Business Day and to reimburse itself for any Delinquency Advances paid from the Servicer’s 's own funds from collections on any Home Equity Loan deposited to the Principal and Interest Account subsequent to the related Remittance Period and shall deposit into the Principal and Interest Account with respect thereto (i) collections from late collections on the related Home Equity Loan or Mortgagor whose Delinquency gave rise to the shortfall which resulted in such Delinquency Advance and (ii) as otherwise provided in Net Liquidation Proceeds recovered on account of the related Mortgage Loan to the extent of the amount of aggregate Delinquency Advances related thereto. If not recovered from the related Mortgagor or the related Net Liquidation Proceeds, the Servicer shall recover Delinquency Advances pursuant to Section 7.03(b7.03(h). Notwithstanding the foregoing, in the event that the Servicer determines in its reasonable business judgment in accordance with that the servicing standards set out herein that any proposed aggregate unreimbursed Delinquency Advance would not be recoverableAdvances exceed the aggregate remaining Scheduled Payments due on the Home Equity Loans, the Servicer shall not be required to make any future Delinquency Advances with respect to such Home Equity Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are Nonrecoverable Advances, the Servicer and shall be entitled to reimbursement for such aggregate Nonrecoverable unreimbursed Delinquency Advances from collections on any Home Equity Loan of the related Group on deposit in the Principal and Interest Accountas provided above. The Servicer shall deliver an Officer’s Certificate give written notice of such determination as to why such amount would not be recoverable to the TrusteeTrustee and the Certificate Insurer; and the Trustee shall promptly furnish a copy of such notice to the Owners of the Class R Certificates upon requestCertificates; provided, further, that the Servicer shall be entitled to recover any unreimbursed Delinquency Advances from the aforesaid Liquidation Proceeds for prior to the related Home Equity Loanpayment of the Liquidation Proceeds to any other party to this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Contimortgage Home Equity Trust 1998-1)

Delinquency Advances and Servicing Advances. (a) On or before each Monthly Remittance Date, If the Servicer shall be required to remit to the Trustee for deposit to the Certificate Account out of the Servicer’s own funds or from collections on any Home Equity Loans that are not required to be distributed on the Distribution Date occurring during the month in which such remittance is made (all or any portion of such amount to be replaced on future Monthly Remittance Dates to the extent required for distribution) any Delinquent payment of interest with respect to each Delinquent Home Equity Loan, which payment was not received on or prior to the last day of the related Remittance Period. Such amounts of the Servicer’s own funds so deposited are “Delinquency Advances”. The Servicer shall be permitted to reimburse itself on any Business Day for any Delinquency Advances paid from the Servicer’s own funds (i) from late collections on the related Home Equity Loan or (ii) as otherwise provided in Section 7.03(b). Notwithstanding the foregoing, in the event that the Servicer determines in its reasonable business judgment in accordance with the servicing standards set out herein that any proposed Delinquency Advance would not be recoverable, the Servicer shall not be required to make Delinquency Advances with respect to such Home Equity Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are Nonrecoverable Advances, the Servicer shall be entitled to reimbursement for such aggregate Nonrecoverable Advances from collections on any Home Equity Loan of the related Group on deposit in the Principal and Interest AccountAccount with respect to any Mortgage Loan Group as of any Remittance Date is less than the related Monthly Remittance for such Remittance Date, the Master Servicer shall deposit to the Principal and Interest Account with respect to such Mortgage Loan Group a sufficient amount of its own funds to make such amount equal to the related Monthly Remittance for such Remittance Date. Such amounts of the Master Servicer's own funds so deposited are "Delinquency Advances". Any Delinquency Advances funded by the Master Servicer from its own funds are reimbursable from subsequent collections on or with respect to the related Mortgage Loan, including Liquidation Proceeds, Insurance Proceeds, Released Mortgaged Property Proceeds, and payments from the related Mortgagor. Notwithstanding anything to the contrary contained in this Agreement, no Delinquency Advance or Servicing Advance shall be required to be made by the Master Servicer if such Delinquency Advance or Servicing Advance would, if made, constitute a Nonrecoverable Advance. The Servicer shall deliver an Officer’s Certificate of such determination as to why such amount would not be recoverable to the Trustee; the Trustee shall promptly furnish a copy of such notice to the Owners of the Class R Certificates upon request; provided, further, that the Master Servicer shall be entitled permitted to recover any unreimbursed fund its payment of Delinquency Advances on any Remittance Date from collections on any Mortgage Loan deposited to the Principal and Interest Account subsequent to the related Remittance Period, and shall deposit to the Certificate Account with respect to Delinquency Advances funded from amounts on deposit in the Principal and Interest Account (i) collections from the Mortgagor whose delinquency gave rise to the shortfall which resulted in such Delinquency Advance and (ii) Net Liquidation Proceeds recovered on account of the related Mortgage Loan to the extent of the amount of aggregate Delinquency Advances related thereto. In any event, to the extent the Master Servicer uses such funds, the Master Servicer must reimburse the Principal and Interest Account by the next 122 Remittance Date to the extent necessary to provide for the related Home Equity LoanMonthly Remittance.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Access Financial Lending Corp)

Delinquency Advances and Servicing Advances. (a) On or before each Monthly Remittance Date, the Servicer shall be required to remit to the Indenture Trustee for deposit to the Certificate Note Account out of the Servicer’s 's own funds any Delinquent payment of interest with respect to each Delinquent Mortgage Loan, which payment was not received on or prior to the related Remittance Date and was not theretofore advanced by the Servicer. Such amounts of the Servicer's own funds so deposited are "Delinquency Advances". The Servicer shall be permitted to reimburse itself on any Business Day for any Delinquency Advances paid from the Servicer's own funds, from collections on any Home Equity Mortgage Loans that are not required to be distributed on the Distribution Payment Date occurring during the month in which such remittance reimbursement is made (all or any portion of such amount to be replaced on future Monthly Remittance Dates to the extent required for distribution) any Delinquent payment of interest with respect to each Delinquent Home Equity Loan, which payment was not received on or prior to the last day of the related Remittance Period. Such amounts of the Servicer’s own funds so deposited are “Delinquency Advances”. The Servicer shall be permitted to reimburse itself on any Business Day for any Delinquency Advances paid from the Servicer’s own funds (i) from late collections on the related Home Equity Loan or (ii) as otherwise provided in Section 7.03(b3.03(b)(iii)(C). Notwithstanding the foregoing, in the event that the Servicer determines in its reasonable business judgment in accordance with the servicing standards set out herein that any proposed Delinquency Advance would not be recoverable, the Servicer shall not be required to make Delinquency Advances with respect to such Home Equity Mortgage Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Mortgage Loan that the Servicer subsequently determines are Nonrecoverable Advanceswill be nonrecoverable, the Servicer shall be entitled to reimbursement for such aggregate Nonrecoverable unreimbursed Delinquency Advances from collections on any Home Equity Loan of the related Group on deposit as provided in the Principal and Interest Accountprior paragraph. The Servicer shall deliver an Officer’s Certificate give written notice of such determination as to why such amount would not be recoverable to the TrusteeIndenture Trustee and the Note Insurer; the Indenture Trustee shall promptly furnish a copy of such notice to the Owners of the Class R Certificates upon request; provided, further, that the Servicer shall be entitled to recover any unreimbursed Delinquency Advances from Liquidation Proceeds for the related Home Equity Loan.promptly

Appears in 1 contract

Samples: Sale and Servicing Agreement (Amresco Residential Securities Corp)

Delinquency Advances and Servicing Advances. (a) On or before Each Servicer is required, not later than each Monthly Remittance Date, to deposit into the related Principal and Interest Account an amount equal to the sum of the interest (net of the Servicing Fee) and scheduled principal due (except any Balloon Payment), but not collected, with respect to Delinquent Mortgage Loans serviced by it during the related Remittance Period but only if, in its good faith business judgment, such Servicer reasonably believes that such amount will ultimately be recovered from the related Mortgage Loan. With respect to each Balloon Loan, the related Servicer shall be required to remit advance an amount of principal and interest on an assumed schedule based on the original principal amortization for the related Balloon Loan (but only if, in its good faith business judgment, such Servicer reasonably believes that such amount will ultimately be recovered from the related Mortgage Loan). Any determination of nonrecoverability shall be explained in a notice provided by such Servicer to the Trustee for deposit and the Seller. Such amounts are "Delinquency Advances". Each Servicer shall be permitted to the Certificate Account out fund its payment of the Servicer’s Delinquency Advances from its own funds or from collections funds on any Home Equity Loans deposit in the related Principal and Interest Account that are not required to be distributed on the Distribution Date occurring during the month in which such remittance is made (all or any portion of such amount to be replaced on future Monthly Remittance Dates to related Payment Date. To the extent a Servicer uses funds not required for distribution) any Delinquent payment of interest distribution on a Payment Date to make Delinquency Advances with respect to each Delinquent Home Equity Loansuch Payment Date, which payment was not received on or it shall deposit into the related Principal and Interest Account such amount prior to the last day of the related next succeeding Monthly Remittance PeriodDate. Such amounts of the Servicer’s own funds so deposited are “Delinquency Advances”. The Each Servicer shall be permitted entitled to reimburse itself on any Business Day reimbursement for any Delinquency Advances paid from the Servicer’s own funds (i) from late collections, Liquidation Proceeds or otherwise with respect to collections on the related Home Equity Mortgage Loan or (iiincluding Balloon Loans) as otherwise provided in Section 7.03(b)with respect to which such Delinquency Advance was made. Notwithstanding the foregoing, in the event that the a Servicer determines in its reasonable business judgment in accordance with that the servicing standards set out herein that any proposed aggregate unreimbursed Delinquency Advance would not be recoverableAdvances exceed the expected Liquidation Proceeds on a Mortgage Loan, the such Servicer shall not be required to make any future Delinquency Advances with respect to such Home Equity that Mortgage Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are Nonrecoverable Advances, the Servicer and shall be entitled to reimbursement for such aggregate Nonrecoverable unreimbursed Delinquency Advances from collections on any Home Equity Loan of amounts in the related Group on deposit in the Principal and Interest Account. The Such Servicer shall deliver an Officer’s Certificate give written notice of such determination as to why such amount would not be recoverable of nonrecoverability to the Trustee; Trustee and the Seller, and the Trustee shall promptly furnish a copy of such notice to the Owners Owner of a majority of the Percentage Interests of the Class R Certificates upon requestCertificates; provided, further, that the such Servicer shall be entitled to recover any unreimbursed Delinquency Advances from the aforesaid Liquidation Proceeds for prior to the related Home Equity Loanpayment of the Liquidation Proceeds to any other party to this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Amresco Residential Securities Corp Mort Loan Trust 1998-1)

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Delinquency Advances and Servicing Advances. (a) On or before Subject to the third paragraph of this subsection (a), the Master Servicer will be obligated on each Monthly Remittance Date, the Servicer shall be required Date to remit to the Trustee from its own funds for deposit into the Distribution Account an amount equal to interest on the Certificate Account out Mortgage Loans due during the related Due Period (net of the Servicer’s own funds or from collections on any Home Equity Loans that are not required to be distributed on the Distribution Date occurring during the month in which such remittance is made Servicing Fee) but uncollected (all or any portion of such amount to be replaced on future Monthly Remittance Dates to the extent required for distributioni) any Delinquent payment of interest with respect to each Delinquent Home Equity LoanSimple Interest Loans, which payment was not received on or prior to as of the last day end of the related Remittance Due Period. Such amounts , and (ii) with respect to Actuarial Loans, as of the Servicer’s own funds so deposited are “related Determination Date (such amount, a "Delinquency Advances”Advance"). The Servicer shall For purposes of calculating the amount of a Delinquency Advance for a Simple Interest Loan, the amount "due" during the Due Period will be permitted deemed to reimburse itself on any Business Day be 30 days' interest at the Mortgage Rate for any such Mortgage Loan. Delinquency Advances paid are recoverable from the Servicer’s own funds (i) from late collections on the related Home Equity Mortgage Loan or which gave rise to the Delinquency Advance, (ii) as otherwise provided in Liquidation Proceeds for the Mortgage Loan which gave rise to such Delinquency Advance and (iii) pursuant to Section 7.03(b7.03(c)(ii)(C). Notwithstanding the foregoing, in the event that the Servicer determines in its reasonable business judgment in accordance with the servicing standards set out herein that any proposed Delinquency Advance would not be recoverable, the Master Servicer shall not be required obligated to make a Delinquency Advances with respect Advance as to any Mortgage Loan if the Master Servicer determines that such Home Equity LoanDelinquency Advance, if made, would be a Nonrecoverable Advance. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are Nonrecoverable Advances, the The Master Servicer shall be entitled to reimbursement for such aggregate Nonrecoverable Advances from collections on any Home Equity Loan of the related Group on deposit in the Principal and Interest Account. The Servicer shall deliver an Officer’s Certificate give written notice of such determination as to why such amount would not be recoverable to the TrusteeTrustee and the Certificate Insurer; and the Trustee shall promptly furnish a copy of such notice to the Owners of the Class R Certificates upon requestOwners; provided, further, that the Master Servicer shall be entitled to recover any unreimbursed Delinquency Advances from the aforesaid Liquidation Proceeds for prior to the related Home Equity Loanpayment of the Liquidation Proceeds to any other party to this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Block Mortgage Finance Asset Backed Certificates Ser 1997-2)

Delinquency Advances and Servicing Advances. (a) On or before each Monthly Remittance Date, the Servicer shall be required to remit to the Trustee for deposit to the Certificate Account out of the Servicer’s 's own funds or from collections on any Home Equity Loans that are not required to be distributed on the Distribution Date occurring during the month in which such remittance is made (all or any portion of such amount to be replaced on future Monthly Remittance Dates to the extent required for distribution) any Delinquent payment of interest with respect to each Delinquent Home Equity Loan, which payment was not received on or prior to the last day of the related Remittance Period. Such amounts of the Servicer’s 's own funds so deposited are "Delinquency Advances". The Servicer shall be permitted to reimburse itself on any Business Day for any Delinquency Advances paid from the Servicer’s 's own funds (i) from late collections on the related Home Equity Loan or (ii) as otherwise provided in Section 7.03(b). Notwithstanding the foregoing, in the event that the Servicer determines in its reasonable business judgment in accordance with the servicing standards set out herein that any proposed Delinquency Advance would not be recoverable, the Servicer shall not be required to make Delinquency Advances with respect to such Home Equity Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are Nonrecoverable Advances, the Servicer shall be entitled to reimbursement for such aggregate Nonrecoverable Advances from collections on any Home Equity Loan of the related Group on deposit in the Principal and Interest Account. The Servicer shall deliver an Officer’s 's Certificate of such determination as to why such amount would not be recoverable to the Trustee; the Trustee shall promptly furnish a copy of such notice to the Owners of the Class R Certificates upon request; providedPROVIDED, furtherFURTHER, that the Servicer shall be entitled to recover any unreimbursed Delinquency Advances from Liquidation Proceeds for the related Home Equity Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Chec Funding LLC)

Delinquency Advances and Servicing Advances. (a) On or before each If the amount on deposit in the Certificate Account as of any Monthly Remittance Date is less than the sum of (I) the Interest Remittance Amount on such Monthly Remittance Date and (II) the Principal Remittance Amount on such Monthly Remittance Date, the Servicer shall be required to remit to the Trustee for deposit to into the Certificate Account out a sufficient amount of the Servicer’s its own funds or from collections on any Home Equity Loans that are not required to be distributed on make the Distribution Date occurring during the month in which such remittance is made (all or any portion of such total amount to be replaced on future Monthly Remittance Dates remitted to the extent required for distribution) any Delinquent payment of interest with respect Trustee equal to each Delinquent Home Equity Loan, which payment was not received on or prior to the last day of the related Remittance Periodsuch sum. Such amounts of the Servicer’s 's own funds so deposited are "Delinquency Advances", including but not limited to any amount advanced due to the invocation by a Mortgagor of the relief provisions provided by the Soldiers' and Sailors' Civil Relief Act of 1940. The Servicer shall be permitted to reimburse itself fund its payment of Delinquency Advances on any Business Day and to reimburse itself for any Delinquency Advances paid from the Servicer’s 's own funds from collections on any Home Equity Loan deposited to the Principal and Interest Account subsequent to the related Remittance Period and shall deposit into the Principal and Interest Account with respect thereto (i) collections from late collections on the related Home Equity Loan or Mortgagor whose Delinquency gave rise to the shortfall which resulted in such Delinquency Advance and (ii) as otherwise provided in Net Liquidation Proceeds recovered on account of the related Mortgage Loan to the extent of the amount of aggregate Delinquency Advances related thereto. If not recovered from the related Mortgagor or the related Net Liquidation Proceeds, the Servicer shall recover Delinquency Advances pursuant to Section 7.03(b7.03(d)(8). Notwithstanding the foregoing, in the event that the Servicer determines in its reasonable business judgment in accordance with that the servicing standards set out herein that any proposed aggregate unreimbursed Delinquency Advance would not be recoverableAdvances exceed the aggregate remaining Scheduled Payments due on the Home Equity Loans, the Servicer shall not be required to make any future Delinquency Advances with respect to such Home Equity Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are Nonrecoverable Advances, the Servicer and shall be entitled to reimbursement for such aggregate Nonrecoverable unreimbursed Delinquency Advances from collections on any Home Equity Loan of the related Group on deposit in the Principal and Interest Accountas provided above. The Servicer shall deliver an Officer’s Certificate give written notice of such determination as to why such amount would not be recoverable to the Trustee; and the Trustee shall promptly furnish a copy of such notice to the Owners of the Class R Certificates upon requestCertificates; provided, further, that the Servicer shall be entitled to recover any unreimbursed Delinquency Advances from the aforesaid Liquidation Proceeds for prior to the related Home Equity Loanpayment of the Liquidation Proceeds to any other party to this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Contimortgage Home Equity Loan Trust 1997-1)

Delinquency Advances and Servicing Advances. (a) On or before Each Servicer is required, not later than each Monthly Remittance Date, to deposit into the related Principal and Interest Account an amount equal to the sum of the interest (net of the Servicing Fee) and scheduled principal due (except any Balloon Payment), but not collected during the related Remittance Period, with respect to those Delinquent Mortgage Loans that it serviced during such Remittance Period but only if, in its good faith business judgment, such Servicer reasonably believes that such amount will ultimately be recovered from the related Mortgage Loan. With respect to each Balloon Loan, the related Servicer shall be required to remit advance an amount of principal and interest on an assumed schedule based on the original principal amortization for the related Balloon Loan (but only if, in its good faith business judgment, such Servicer reasonably believes that such amount will ultimately be recovered from the related Mortgage Loan). Any determination of nonrecoverability shall be explained in a notice provided by such Servicer to the Trustee for deposit Trustee, the Master Servicer and the Seller. Such amounts are "Delinquency Advances". Each Servicer shall be permitted to the Certificate Account out fund its payment of the Servicer’s Delinquency Advances from its own funds or from collections funds on any Home Equity Loans deposit in the related Principal and Interest Account that are not required to be distributed on the Distribution Date occurring during the month in which such remittance is made (all or any portion of such amount to be replaced on future Monthly Remittance Dates to 101 related Payment Date. To the extent a Servicer uses funds not required for distribution) any Delinquent payment of interest distribution on a Payment Date to make Delinquency Advances with respect to each Delinquent Home Equity Loansuch Payment Date, which payment was not received on or it shall deposit into the related Principal and Interest Account such amount prior to the last day of the related next succeeding Monthly Remittance PeriodDate. Such amounts of the Servicer’s own funds so deposited are “Delinquency Advances”. The Each Servicer shall be permitted entitled to reimburse itself on any Business Day reimbursement for any Delinquency Advances paid from the Servicer’s own funds (i) from late collections, Liquidation Proceeds or otherwise with respect to collections on the related Home Equity Mortgage Loan or (iiincluding Balloon Loans) as otherwise provided in Section 7.03(b)with respect to which such Delinquency Advance was made. Notwithstanding the foregoing, in the event that the a Servicer determines in its reasonable business judgment in accordance with that the servicing standards set out herein that any proposed aggregate unreimbursed Delinquency Advance would not be recoverableAdvances exceed the expected Liquidation Proceeds on a Mortgage Loan, the such Servicer shall not be required to make any future Delinquency Advances with respect to such Home Equity that Mortgage Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are Nonrecoverable Advances, the Servicer and shall be entitled to reimbursement for such aggregate Nonrecoverable unreimbursed Delinquency Advances from collections on any Home Equity Loan of amounts in the related Group on deposit in the Principal and Interest Account. The Such Servicer shall deliver an Officer’s Certificate give written notice of such determination as to why such amount would not be recoverable of nonrecoverability to the Trustee; , the Master Servicer and the Seller, and the Trustee shall promptly furnish a copy of such notice to the Owners Owner of a majority of the Percentage Interests of the Class R Certificates upon requestCertificates; provided, further, that the such Servicer shall be entitled to recover any unreimbursed Delinquency Advances from the aforesaid Liquidation Proceeds for prior to the related Home Equity Loanpayment of the Liquidation Proceeds to any other party to this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Amresco Residential Securities Corp)

Delinquency Advances and Servicing Advances. (a) On or before each If, on any Monthly Remittance Date, the interest component (net of the Servicing Fee) of any Mortgagor payment due during the preceding Remittance Period has not yet been received, the Servicer shall be required to remit to the Trustee for deposit to the Certificate Account out of the Servicer’s own funds or from collections on any Home Equity Loans that are not required to be distributed on the Distribution Date occurring during the month in which such remittance is made (all or any portion make an advance of such amount to be replaced on future Monthly Remittance Dates the Certificate Account, but only to the extent required for distribution) any Delinquent payment that the Servicer reasonably believes that the amount of interest with respect to each Delinquent such advance will be recoverable from subsequent collections on the related Home Equity Loan, which payment was not received on Loan or prior to from Liquidation proceeds in the last day of the related Remittance Periodevent that such home equity loan were liquidated. Such amounts of the Servicer’s 's own funds so deposited advanced are "Delinquency Advances," and include but are not limited to any amount advanced due to the invocation by a Mortgagor of the relief provisions provided by the Soldiers' and Sailors' Civil Relief Act of 1940. The Servicer shall be permitted to reimburse itself fund its payment of Delinquency Advances on any Business Day and to reimburse itself for any Delinquency Advances paid from the Servicer’s 's own funds (i) from late collections on the related Home Equity Loan or (ii) as otherwise provided in Section 7.03(b). Notwithstanding the foregoing, in the event that the Servicer determines in its reasonable business judgment in accordance with the servicing standards set out herein that any proposed Delinquency Advance would not be recoverable, the Servicer shall not be required to make Delinquency Advances with respect to such Home Equity Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are Nonrecoverable Advances, the Servicer shall be entitled to reimbursement for such aggregate Nonrecoverable Advances from collections on any Home Equity Loan of the related Group on deposit in deposited to the Principal and Interest Account. The Servicer shall deliver an Officer’s Certificate of such determination as to why such amount would not be recoverable Account subsequent to the Trustee; related Remittance Period and shall deposit into the Trustee shall promptly furnish a copy of such notice Principal and Interest Account with respect thereto (i) collections from the Mortgagor whose Delinquency gave rise to the Owners shortfall which resulted in such Delinquency Advance and (ii) Net Liquidation Proceeds recovered on account of the Class R Certificates upon request; providedrelated Mortgage Loan to the extent of the amount of aggregate Delinquency Advances related thereto. If not previously reimbursed therefor, further, that the Servicer shall be entitled to recover any unreimbursed Delinquency Advances from Liquidation Proceeds for the related Home Equity Loanpursuant to Section 7.03(b)(viii)(b).

Appears in 1 contract

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

Delinquency Advances and Servicing Advances. (a) On or before each Monthly Remittance Date, the Servicer shall be required to remit to the Trustee for deposit to the Certificate Account out of the Servicer’s 's own funds any Delinquent payment of interest with respect to each Delinquent Home Equity Loan, which payment was not received on or prior to the related Remittance Date and was not theretofore advanced by the Servicer. Such amounts of the Servicer's own funds so deposited are "Delinquency Advances". The Servicer shall be permitted to reimburse itself on any Business Day for any Delinquency Advances paid from the Servicer's own funds, from collections on any Home Equity Loans that are not required to be distributed on the Distribution Payment Date occurring during the month in which such remittance reimbursement is made (all or any portion of such amount to be replaced on future Monthly Remittance Dates to the extent required for distribution) any Delinquent payment of interest with respect to each Delinquent Home Equity Loan, which payment was not received on or prior to the last day of the related Remittance Period. Such amounts of the Servicer’s own funds so deposited are “Delinquency Advances”. The Servicer shall be permitted to reimburse itself on any Business Day for any Delinquency Advances paid from the Servicer’s own funds (i) from late collections on the related Home Equity Loan or (ii) as otherwise provided in Section 7.03(b7.03(d)(viii). Notwithstanding the foregoing, in the event that the Servicer determines in its reasonable business judgment in accordance with the servicing standards set out herein that any proposed Delinquency Advance would not be recoverable, the Servicer shall not be required to make Delinquency Advances with respect to such Home Equity Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are Nonrecoverable Advanceswill be nonrecoverable, the Servicer shall be entitled to reimbursement for such aggregate Nonrecoverable Advances from collections on any Home Equity Loan of the related Group on deposit in the Principal and Interest Account. The Servicer shall deliver an Officer’s Certificate of such determination as to why such amount would not be recoverable to the Trustee; the Trustee shall promptly furnish a copy of such notice to the Owners of the Class R Certificates upon request; provided, further, that the Servicer shall be entitled to recover any unreimbursed Delinquency Advances from Liquidation Proceeds for the related Home Equity Loan.the

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Imc Home Equity Loan Trust 1997-5)

Delinquency Advances and Servicing Advances. (a) On or before each Monthly Remittance Date, the Servicer shall be required to remit to the Trustee for deposit to the Certificate Account out of the Servicer’s 's own funds or from collections on any Home Equity Loans that are not required to be distributed on the Distribution Date occurring during the month in which such remittance is made (all or any portion of such amount to be replaced on future Monthly Remittance Dates to the extent required for distribution) any Delinquent payment of interest with respect to each Delinquent Home Equity Loan, which payment was not received on or prior to the last day of the related Remittance Period. Such amounts of the Servicer’s 's own funds so deposited are "Delinquency Advances". The Servicer shall be permitted to reimburse itself on any Business Day for any Delinquency Advances paid from the Servicer’s 's own funds (i) funds, from late collections on the related Home Equity Loan as provided in Section 8.08(d) or (ii) as otherwise provided in Section 7.03(b). Notwithstanding the foregoing, in the event that the Servicer determines in its reasonable business judgment in accordance with the servicing standards set out herein that any proposed Delinquency Advance would not be recoverable, the Servicer shall not be required to make Delinquency Advances with respect to such Home Equity Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are Nonrecoverable Advances, the Servicer shall be entitled to reimbursement for such aggregate Nonrecoverable Advances from collections on any Home Equity Loan of the related Group on deposit in the Principal and Interest Account. The Servicer shall deliver an Officer’s 's Certificate of such determination as to why such amount would not be recoverable to the TrusteeTrustee and the Certificate Insurer; the Trustee shall promptly furnish a copy of such notice to the Owners of the Class R Certificates upon request; providedPROVIDED, furtherFURTHER, that the Servicer shall be entitled to recover any unreimbursed Delinquency Advances from Liquidation Proceeds for the related Home Equity Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Centex Home Equity Loan Trust 2000-A)

Delinquency Advances and Servicing Advances. (a) On or before each Monthly Remittance Date, the Servicer shall be required to remit to the Indenture Trustee for deposit to the Certificate Distribution Account out of the Servicer’s 's own funds or from collections on any Home Equity Loans that are not required to be distributed on the Distribution Date occurring during the month in which such remittance is made (all or any portion of such amount to be replaced on future Monthly Remittance Dates to the extent required for distribution) any Delinquent payment of interest with respect to each Delinquent Home Equity Loan, which payment was not received on or prior to the last day of the related Remittance Period. Such amounts of the Servicer’s 's own funds so deposited are "Delinquency Advances". The Servicer shall be permitted to reimburse itself on any Business Day for any Delinquency Advances paid from the Servicer’s 's own funds (i) funds, from late collections on the related Home Equity Loan or (ii) as otherwise provided in Section 7.03(b)5.01. Notwithstanding the foregoing, in the event that the Servicer determines in its reasonable business judgment in accordance with the servicing standards set out herein that any proposed Delinquency Advance would not be recoverable, the Servicer shall not be required to make Delinquency Advances with respect to such Home Equity Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are is a Nonrecoverable AdvancesAdvance, the Servicer shall be entitled to reimbursement for such aggregate Nonrecoverable Advances from collections on any Home Equity Loan of the related Group on deposit in the Principal and Interest Account. The Servicer shall deliver an Officer’s Certificate give written notice of such determination as to why such amount would not be recoverable to the TrusteeIndenture Trustee and the Insurer; the Indenture Trustee shall promptly furnish a copy of such notice to the Owners of Transferor with respect to the Class R Certificates upon requestTransferor Interest; providedPROVIDED, furtherFURTHER, that the Servicer shall be entitled to recover any unreimbursed Delinquency Advances from Liquidation Proceeds for the related Home Equity Loan.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Chec Funding LLC)

Delinquency Advances and Servicing Advances. (a) On or before Each Servicer is required, not later than each Monthly Remittance Date, to deposit into the related Principal and Interest Account an amount equal to the sum of the interest (net of the Servicing Fee) and scheduled principal due (except any Balloon Payment), but not collected during the related Remittance Period, with respect to those Delinquent Mortgage Loans that it serviced during such Remittance Period but only if, in its good faith business judgment, such Servicer reasonably believes that such amount will ultimately be recovered from the related Mortgage Loan. With respect to each Balloon Loan, the related Servicer shall be required to remit advance an amount of principal and interest on an assumed schedule based on the original principal amortization for the related Balloon Loan (but only if, in its good faith business judgment, such Servicer reasonably believes that such amount will ultimately be recovered from the related Mortgage Loan). Any determination of nonrecoverability shall be explained in a notice provided by such Servicer to the Trustee for deposit Trustee, the Master Servicer and the Seller. Such amounts are "Delinquency Advances". Each Servicer shall be permitted to the Certificate Account out fund its payment of the Servicer’s Delinquency Advances from its own funds or from collections funds on any Home Equity Loans deposit in the related Principal and Interest Account that are not required to be distributed on the Distribution Date occurring during the month in which such remittance is made (all or any portion of such amount to be replaced on future Monthly Remittance Dates to related Payment Date. To the extent a Servicer uses funds not required for distribution) any Delinquent payment of interest distribution on a Payment Date to make Delinquency Advances with respect to each Delinquent Home Equity Loansuch Payment Date, which payment was not received on or it shall deposit into the related Principal and Interest Account such amount prior to the last day of the related next succeeding Monthly Remittance PeriodDate. Such amounts of the Servicer’s own funds so deposited are “Delinquency Advances”. The Each Servicer shall be permitted entitled to reimburse itself on any Business Day reimbursement for any Delinquency Advances paid from the Servicer’s own funds (i) from late collections, Liquidation Proceeds or otherwise with respect to collections on the related Home Equity Mortgage Loan or (iiincluding Balloon Loans) as otherwise provided in Section 7.03(b)with respect to which such Delinquency Advance was made. Notwithstanding the foregoing, in the event that the a Servicer determines in its reasonable business judgment in accordance with that the servicing standards set out herein that any proposed aggregate unreimbursed Delinquency Advance would not be recoverableAdvances exceed the expected Liquidation Proceeds on a Mortgage Loan, the such Servicer shall not be required to make any future Delinquency Advances with respect to such Home Equity that Mortgage Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are Nonrecoverable Advances, the Servicer and shall be entitled to reimbursement for such aggregate Nonrecoverable unreimbursed Delinquency Advances from collections on any Home Equity Loan of amounts in the related Group on deposit in the Principal and Interest Account. The Such Servicer shall deliver an Officer’s Certificate give written notice of such determination as to why such amount would not be recoverable of nonrecoverability to the Trustee; , the Master Servicer and the Seller, and the Trustee shall promptly furnish a copy of such notice to the Owners Owner of a majority of the Percentage Interests of the Class R Certificates upon requestCertificates; provided, further, that the such Servicer shall be entitled to recover any unreimbursed Delinquency Advances from the aforesaid Liquidation Proceeds for prior to the related Home Equity Loanpayment of the Liquidation Proceeds to any other party to this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Amresco Residential Securities Corp Mortgage Loan Tr 1998-2)

Delinquency Advances and Servicing Advances. (a) On or before each Monthly Remittance Date, the Servicer shall be required to remit to the Trustee for deposit to the Certificate Account out of the Servicer’s own funds or from collections on any Home Equity Loans that are not required to be distributed on the Distribution Date occurring during the month in which such remittance is made (all or any portion of such amount to be replaced on future Monthly Remittance Dates to the extent required for distribution) any Delinquent payment of interest with respect to each Delinquent Home Equity Loan, which payment was not received on or prior to the last day of the related Remittance Period. Such amounts of the Servicer’s own funds so deposited are “Delinquency Advances”. The Servicer shall be permitted to reimburse itself on any Business Day for any Delinquency Advances paid from the Servicer’s own funds (i) from late collections on the related Home Equity Loan or (ii) as otherwise provided in Section 7.03(b). Notwithstanding the foregoing, in the event that the Servicer determines in its reasonable business judgment in accordance with the servicing standards set out herein that any proposed Delinquency Advance would not be recoverable, the Servicer shall not be required to make Delinquency Advances with respect to such Home Equity Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are Nonrecoverable Advances, the Servicer shall be entitled to reimbursement for such aggregate Nonrecoverable Advances from collections on any Home Equity Loan of the related Group on deposit in the Principal and Interest Account. The Servicer shall deliver an Officer’s Certificate of such determination as to why such amount would not be recoverable to the Trustee; the Trustee shall promptly furnish a copy of such notice to the Owners of the Class R Certificates upon request; provided, further, that the Servicer shall be entitled to recover any unreimbursed Delinquency Advances from Liquidation Proceeds for the related Home Equity Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Centex Home Equity Loan Trust 2006-A)

Delinquency Advances and Servicing Advances. (a) On or before each If, on any Monthly Remittance Date, the interest component (net of the Servicing Fee) of any Mortgagor payment due during the preceding Remittance Period has not yet been received, the Servicer shall be required to remit or the Master Servicer, to the Trustee for deposit to the Certificate Account out of the Servicer’s own funds or from collections on any Home Equity Loans that are not required to be distributed on the Distribution Date occurring during the month extent described in which such remittance is made (all or any portion Section 12.01(c) hereof, shall make an advance of such amount to be replaced on future Monthly Remittance Dates the Certificate Account, but only to the extent required for distribution) any Delinquent payment that the Servicer, or Master Servicer, as applicable, reasonably believes that the amount of interest with respect to each Delinquent such advance will be recoverable from subsequent collections on the related Home Equity Loan, which payment was not received on Loan or prior to from Liquidation Proceeds in the last day of the related Remittance Periodevent that such Home Equity Loan is liquidated. Such amounts of the Servicer’s 's or Master Servicer's, as applicable, own funds so deposited advanced are "Delinquency Advances," and include but are not limited to any amount advanced due to the invocation by a Mortgagor of the relief provisions provided by the Soldiers' and Sailors' Civil Relief Act of 1940. The Servicer Servicer, or Master Servicer, as applicable, shall be permitted to reimburse itself fund its payment of Delinquency Advances on any Business Day and to reimburse itself for any Delinquency Advances paid from the Servicer’s 's own funds (i) from late collections on the related Home Equity Loan or (ii) as otherwise provided in Section 7.03(b). Notwithstanding the foregoing, in the event that the Servicer determines in its reasonable business judgment in accordance with the servicing standards set out herein that any proposed Delinquency Advance would not be recoverable, the Servicer shall not be required to make Delinquency Advances with respect to such Home Equity Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are Nonrecoverable Advances, the Servicer shall be entitled to reimbursement for such aggregate Nonrecoverable Advances from collections on any Home Equity Loan of the related Group on deposit in deposited to the Principal and Interest Account. The Servicer shall deliver an Officer’s Certificate of such determination as to why such amount would not be recoverable Account subsequent to the Trustee; related Remittance Period and shall deposit into the Trustee shall promptly furnish a copy of such notice Principal and Interest Account with respect thereto (i) collections from the Mortgagor whose Delinquency gave rise to the Owners shortfall which resulted in such Delinquency Advance and (ii) Net Liquidation Proceeds recovered on account of the Class R Certificates upon request; providedrelated Mortgage Loan to the extent of the amount of aggregate Delinquency Advances related thereto. If not previously reimbursed therefor, further, that the Servicer shall be entitled to recover any unreimbursed Delinquency Advances from Liquidation Proceeds for pursuant to Section 7.03(b)(viii)(c) hereof, and the related Home Equity LoanMaster Servicer shall recover Delinquency Advances pursuant to Section 7.03(b) (viii) (b) hereof.

Appears in 1 contract

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

Delinquency Advances and Servicing Advances. (a) On or before each Monthly Remittance Date, the Servicer shall be required to remit to the Trustee for deposit to the Certificate Account out of the Servicer’s 's own funds or from collections on any Home Equity Loans that are not required to be distributed on the Distribution Payment Date occurring during the month in which such remittance reimbursement is made (all or any portion of such amount to be replaced on future Monthly Remittance Dates to the extent required for distribution) any Delinquent payment of interest with respect to each Delinquent Home Equity Loan, which payment was not received on or prior to the last day of the related Remittance Period. Such amounts of the Servicer’s 's own funds so deposited are "Delinquency Advances". The Servicer shall be permitted to reimburse itself on any Business Day for any Delinquency Advances paid from the Servicer’s 's own funds (i) funds, from late collections on the related Home Equity Loan or (ii) as otherwise provided in Section 7.03(b7.03(b)(iii)(F). Notwithstanding the foregoing, in the event that the Servicer determines in its reasonable business judgment in accordance with the servicing standards set out herein that any proposed Delinquency Advance would not be recoverable, the Servicer shall not be required to make Delinquency Advances with respect to such Home Equity Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are is a Nonrecoverable AdvancesAdvance, the Servicer shall be entitled to reimbursement for such aggregate Nonrecoverable Advances from collections on any Home Equity Loan of the related Group on deposit in the Principal and Interest Account. The Servicer shall deliver an Officer’s Certificate give written notice of such determination as to why such amount would not be recoverable to the TrusteeTrustee and the Certificate Insurer; the Trustee shall promptly furnish a copy of such notice to the Owners of the Class R Certificates upon requestCertificates; providedPROVIDED, furtherFURTHER, that the Servicer shall be entitled to recover any unreimbursed Delinquency Advances from Liquidation Proceeds for the related Home Equity Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Chec Asset Receivables Corp)

Delinquency Advances and Servicing Advances. (a) On or before each If the amount on deposit in the Certificate Account as of any Monthly Remittance Date is less than the sum of (I) the Interest Remittance Amount on such Monthly Remittance Date and (II) the Principal Remittance Amount on such Monthly Remittance Date, the Servicer shall be required to remit to the Trustee for deposit to into the Certificate Account out a sufficient amount of the Servicer’s its own funds or from collections on any Home Equity Loans that are not required to be distributed on make the Distribution Date occurring during the month in which such remittance is made (all or any portion of such total amount to be replaced on future Monthly Remittance Dates remitted to the extent required for distribution) any Delinquent payment of interest with respect Trustee equal to each Delinquent Home Equity Loan, which payment was not received on or prior to the last day of the related Remittance Periodsuch sum. Such amounts of the Servicer’s 's own funds so deposited are "Delinquency Advances," including but not limited to any amount advanced due to the invocation by a Mortgagor of the relief provisions provided by the Soldiers' and Sailors' Civil Relief Act of 1940. The Servicer shall be permitted to reimburse itself fund its payment of Delinquency Advances on any Business Day and to reimburse itself for any Delinquency Advances paid from the Servicer’s 's own funds from collections on any Home Equity Loan deposited to the Principal and Interest Account subsequent to the related Remittance Period and shall deposit into the Principal and Interest Account with respect thereto (i) collections from late collections on the related Home Equity Loan or Mortgagor whose Delinquency gave rise to the shortfall which resulted in such Delinquency Advance and (ii) as otherwise provided in Net Liquidation Proceeds recovered on account of the related Mortgage Loan to the extent of the amount of aggregate Delinquency Advances related thereto. If not recovered from the related Mortgagor or the related Net Liquidation Proceeds, the Servicer shall recover Delinquency Advances pursuant to Section 7.03(b7.03(h). Notwithstanding the foregoing, in the event that the Servicer determines in its reasonable business judgment in accordance with that the servicing standards set out herein that any proposed aggregate unreimbursed Delinquency Advance would not be recoverableAdvances exceed the aggregate remaining Scheduled Payments due on the Home Equity Loans, the Servicer shall not be required to make any future Delinquency Advances with respect to such Home Equity Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are Nonrecoverable Advances, the Servicer and shall be entitled to reimbursement for such aggregate Nonrecoverable unreimbursed Delinquency Advances from collections on any Home Equity Loan of the related Group on deposit in the Principal and Interest Accountas provided above. The Servicer shall deliver an Officer’s Certificate give written notice of such determination as to why such amount would not be recoverable to the TrusteeTrustee and the Certificate Insurer; and the Trustee shall promptly furnish a copy of such notice to the Owners of the Class R Certificates upon requestCertificates; provided, further, that the Servicer shall be entitled to recover any unreimbursed Delinquency Advances from the aforesaid Liquidation Proceeds for prior to the related Home Equity Loanpayment of the Liquidation Proceeds to any other party to this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Contimortgage Home Equity Trust 1997-5)

Delinquency Advances and Servicing Advances. (a) On or before each Monthly Remittance Date, the Servicer shall be required to remit to the Trustee for deposit to the Certificate Account out of the Servicer’s own funds or from collections on any Home Equity Loans that are not required to be distributed on the Distribution Date occurring during the month in which such remittance is made (all or any portion of such amount to be replaced on future Monthly Remittance Dates to the extent required for distribution) any Delinquent payment of interest with respect to each Delinquent Home Equity Loan, which payment was not received on or prior to the last day of the related Remittance Period. Such amounts of the Servicer’s own funds so deposited are "Delinquency Advances". The Servicer shall be permitted to reimburse itself on any Business Day for any Delinquency Advances paid from the Servicer’s 's own funds (i) from late collections on the related Home Equity Loan or (ii) as otherwise provided in Section 7.03(b). Notwithstanding the foregoing, in the event that the Servicer determines in its reasonable business judgment in accordance with the servicing standards set out herein that any proposed Delinquency Advance would not be recoverable, the Servicer shall not be required to make Delinquency Advances with respect to such Home Equity Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are Nonrecoverable Advances, the Servicer shall be entitled to reimbursement for such aggregate Nonrecoverable Advances from collections on any Home Equity Loan of the related Group on deposit in the Principal and Interest Account. The Servicer shall deliver an Officer’s 's Certificate of such determination as to why such amount would not be recoverable to the Trustee; the Trustee shall promptly furnish a copy of such notice to the Owners of the Class R Certificates upon request; provided, further, that the Servicer shall be entitled to recover any unreimbursed Delinquency Advances from Liquidation Proceeds for the related Home Equity Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Chec Funding LLC)

Delinquency Advances and Servicing Advances. (a) On or before each Monthly Remittance Date, the Servicer shall be required to remit to the Trustee for deposit to the Certificate Account out of the Servicer’s 's own funds or from collections on any Home Equity Loans that are not required to be distributed on the Distribution Date occurring during the month in which such remittance is made (all or any portion of such amount to be replaced on future Monthly Remittance Dates to the extent required for distribution) any Delinquent payment of interest with respect to each Delinquent Home Equity Loan, which payment was not received on or prior to the last day of the related Remittance Period. Such amounts of the Servicer’s 's own funds so deposited are "Delinquency Advances". The Servicer shall be permitted to reimburse itself on any Business Day for any Delinquency Advances paid from the Servicer’s 's own funds (i) from late collections on the related Home Equity Loan or (ii) as otherwise provided in Section 7.03(b). Notwithstanding the foregoing, in the event that the Servicer determines in its reasonable business judgment in accordance with the servicing standards set out herein that any proposed Delinquency Advance would not be recoverable, the Servicer shall not be required to make Delinquency Advances with respect to such Home Equity Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are Nonrecoverable Advances, the Servicer shall be entitled to reimbursement for such aggregate Nonrecoverable Advances from collections on any Home Equity Loan of the related Group on deposit in the Principal and Interest Account. The Servicer shall deliver an Officer’s 's Certificate of such determination as to why such amount would not be recoverable to the Trustee; the Trustee shall promptly furnish a copy of such notice to the Owners of the Class R Certificates upon request; provided, further, that the Servicer shall be entitled to recover any unreimbursed Delinquency Advances from Liquidation Proceeds for the related Home Equity Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Chec Funding LLC)

Delinquency Advances and Servicing Advances. (a) On or before each Monthly Remittance Date, the Servicer shall be required to remit to the Trustee for deposit to the Certificate Account out of the Servicer’s own funds or from collections on any Home Equity Loans that are not required to be distributed on the Distribution Date occurring during the month in which such remittance is made (all or any portion of such amount to be replaced on future Monthly Remittance Dates to the extent required for distribution) any Delinquent payment of interest with respect to each Delinquent Home Equity Loan, which payment was not received on or prior to the last day of the related Remittance Period. Such amounts of the Servicer’s own funds so deposited are “Delinquency Advances”. The Servicer shall be permitted to reimburse itself on any Business Day for any Delinquency Advances paid from the Servicer’s own funds (i) from late collections on the related Home Equity Loan or (ii) as otherwise provided in Section 7.03(b)Loan. Notwithstanding the foregoing, in the event that the Servicer determines in its reasonable business judgment in accordance with the servicing standards set out herein that any proposed Delinquency Advance would not be recoverable, the Servicer shall not be required to make Delinquency Advances with respect to such Home Equity Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are Nonrecoverable Advances, the Servicer shall be entitled to reimbursement for such aggregate Nonrecoverable Advances from collections on any Home Equity Loan of the related Group on deposit in the Principal and Interest Account. The Servicer shall deliver an Officer’s Certificate of such determination as to why such amount would not be recoverable to the Trustee; the Trustee shall promptly furnish a copy of such notice to the Owners of the Class R Certificates upon request; provided, further, that the Servicer shall be entitled to recover any unreimbursed Delinquency Advances from Liquidation Proceeds for the related Home Equity Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Centex Home Equity Loan Trust 2006-A)

Delinquency Advances and Servicing Advances. (a) On or before Each of the Servicer and the Special Servicer is required, not later than each Monthly Remittance Date, to deposit into the related Principal and Interest Account an amount equal to the sum of the interest (net of the Servicing Fee) and scheduled principal due (except any Balloon Payment), but not collected during the related Remittance Period, with respect to those Delinquent Mortgage Loans that it serviced during such Remittance Period but only if, in its good faith business judgment, the Servicer or the Special Servicer reasonably believes that such amount will ultimately be recovered from the related Mortgage Loan. With respect to each Balloon Loan, the Servicer and the Special Servicer shall be required to remit advance an amount of principal and interest on an assumed schedule based on the original principal amortization for the related Balloon Loan (but only if, in its good faith business judgment, the Servicer or the Special Servicer reasonably believes that such amount will ultimately be recovered from the related Mortgage Loan). Any determination of nonrecoverability shall be explained in a notice provided by the Servicer or the Special Servicer to the Trustee for deposit Trustee, the Master Servicer, the Guarantor and the Seller. Such amounts are "Delinquency Advances". The Servicer and the Special Servicer shall be permitted to the Certificate Account out fund its payment of the Servicer’s Delinquency Advances from its own funds or from collections funds on any Home Equity Loans deposit in the related Principal and Interest Account that are not required to be distributed on the Distribution Date occurring during the month in which such remittance is made (all or any portion of such amount to be replaced on future Monthly Remittance Dates to related Payment Date. To the extent the Servicer or the Special Servicer uses funds not required for distribution) any Delinquent payment of interest distribution on a Payment Date to make Delinquency Advances with respect to each Delinquent Home Equity Loansuch Payment Date, which payment was not received on or it shall deposit into the related Principal and Interest Account such amount prior to the last day of the related next succeeding Monthly Remittance Period. Such amounts of the Servicer’s own funds so deposited are “Delinquency Advances”Date. The Servicer and the Special Servicer shall be permitted entitled to reimburse itself on any Business Day reimbursement for any Delinquency Advances paid from the Servicer’s own funds (i) from late collections, Liquidation Proceeds or otherwise with respect to collections on the related Home Equity Mortgage Loan or (iiincluding Balloon Loans) as otherwise provided in Section 7.03(b)with respect to which such Delinquency Advance was made. Notwithstanding the foregoing, in the event that the Servicer or the Special Servicer determines in its reasonable business judgment in accordance with that the servicing standards set out herein that any proposed aggregate unreimbursed Delinquency Advance would not be recoverableAdvances exceed the expected Liquidation Proceeds on a Mortgage Loan, neither the Servicer nor the Special Servicer shall not be required to make any future Delinquency Advances with respect to such Home Equity that Mortgage Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are Nonrecoverable Advances, the Servicer and shall be entitled to reimbursement for such aggregate Nonrecoverable unreimbursed Delinquency Advances from collections on any Home Equity Loan of amounts in the related Group on deposit in the Principal and Interest Account. The Servicer or the Special Servicer, as applicable, shall deliver an Officer’s Certificate give written notice of such determination as to why such amount would not be recoverable of nonrecoverability to the Trustee; , the Master Servicer, the Guarantor and the Seller, and the Trustee shall promptly furnish a copy of such notice to the Owners Owner of a majority of the Percentage Interests of the Class R Certificates upon requestCertificates; provided, further, that the Servicer or the Special Servicer, as applicable, shall be entitled to recover any unreimbursed Delinquency Advances from the aforesaid Liquidation Proceeds for prior to the related Home Equity Loanpayment of the Liquidation Proceeds to any other party to this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Amresco Residential Secs Corp Mort Loan Trust 1998-3)

Delinquency Advances and Servicing Advances. (a) On or before each Monthly Remittance Date, the Servicer shall be required to remit to the Indenture Trustee for deposit to the Certificate Note Account out of the Servicer’s 's own funds any Delinquent payment of interest with respect to each Delinquent Home Equity Loan, which payment was not received on or prior to the related Remittance Date and was not theretofore advanced by the Servicer. Such amounts of the Servicer's own funds so deposited are "Delinquency Advances". The Servicer shall be permitted to reimburse itself on any Business Day for any Delinquency Advances paid from the Servicer's own funds, from collections on any Home Equity Loans that are not required to be distributed on the Distribution Payment Date occurring during the month in which such remittance reimbursement is made (all or any portion of such amount to be replaced on future Monthly Remittance Dates to the extent required for distribution) any Delinquent payment of interest with respect to each Delinquent Home Equity Loan, which payment was not received on or prior to the last day of the related Remittance Period. Such amounts of the Servicer’s own funds so deposited are “Delinquency Advances”. The Servicer shall be permitted to reimburse itself on any Business Day for any Delinquency Advances paid from the Servicer’s own funds (i) from late collections on the related Home Equity Loan or (ii) as otherwise provided in Section 7.03(b3.03(b)(iii)(B). Notwithstanding the foregoing, in the event that the Servicer determines in its reasonable business judgment in accordance with the servicing standards set out herein that any proposed Delinquency Advance would not be recoverablea Nonrecoverable Advance, the Servicer shall not be required to make Delinquency Advances with respect to such Home Equity Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are will be a Nonrecoverable AdvancesAdvance, the Servicer shall be entitled to reimbursement for such aggregate Nonrecoverable unreimbursed Delinquency Advances from collections on any Home Equity Loan of the related Group on deposit as provided in the Principal and Interest Accountprior paragraph. The Servicer shall deliver an Officer’s Certificate give written notice of such determination as to why such amount would not be recoverable to the TrusteeIndenture Trustee and the Note Insurer; the Indenture Trustee shall promptly furnish a copy of such notice to the Owners of the Class R Certificates upon requestNotes; provided, further, that the Servicer shall be entitled to recover any unreimbursed Delinquency Advances from Liquidation Proceeds for the related Home Equity Loan.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Imc Home Equity Loan Owner Trust 1998-6)

Delinquency Advances and Servicing Advances. (a) On or before each Monthly Remittance Date, the Servicer shall be required to remit to the Trustee for deposit to the Certificate Account out of the Servicer’s 's own funds or from collections on any Home Equity Loans that are not required to be distributed on the Distribution Date occurring during the month in which such remittance is made (all or any portion of such amount to be replaced on future Monthly Remittance Dates to the extent required for distribution) any Delinquent payment of interest with respect to each Delinquent Home Equity Loan, which payment was not received on or prior to the last day of the related Remittance Period. Such amounts of the Servicer’s 's own funds so deposited are "Delinquency Advances". The Servicer shall be permitted to reimburse itself on any Business Day for any Delinquency Advances paid from the Servicer’s 's own funds (i) funds, from late collections on the related Home Equity Loan or (ii) as otherwise provided in Section 7.03(b). Notwithstanding the foregoing, in the event that the Servicer determines in its reasonable business judgment in accordance with the servicing standards set out herein that any proposed Delinquency Advance would not be recoverable, the Servicer shall not be required to make Delinquency Advances with respect to such Home Equity Loan. To the extent that the Servicer previously has made Delinquency Advances with respect to a Home Equity Loan that the Servicer subsequently determines are is a Nonrecoverable AdvancesAdvance, the Servicer shall be entitled to reimbursement for such aggregate Nonrecoverable Advances from collections on any Home Equity Loan of the related Group on deposit in the Principal and Interest Account. The Servicer shall deliver an Officer’s Certificate give written notice of such determination as to why such amount would not be recoverable to the TrusteeTrustee and the Certificate Insurer; the Trustee shall promptly furnish a copy of such notice to the Owners of the Class R Certificates upon requestCertificates; providedPROVIDED, furtherFURTHER, that the Servicer shall be entitled to recover any unreimbursed Delinquency Advances from Liquidation Proceeds for the related Home Equity Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Chec Funding LLC)

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