Common use of Remittance Reports Clause in Contracts

Remittance Reports. Advances by the Master Servicer. (a) By 11:00 A.M. New York time the Business Day following each Determination Date, the Master Servicer shall deliver to the Trustee a report, prepared as of the close of business on the Determination Date (the "Determination Date Report"), by telecopy or in a mutually agreeable electronic format. The Determination Date Report and any written information supplemental thereto shall include such information with respect to the Mortgage Loans that is reasonably available to the Master Servicer and that is required by the Trustee for purposes of making the calculations referred to in the following paragraph, as set forth in written specifications or guidelines issued by the Trustee from time to time. Not later than 2:00 P.M. New York time on the Certificate Account Deposit Date, the Trustee shall furnish by telecopy to the Master Servicer a statement (the information in such statement to be made available to Certificateholders or the Depositor by the Master Servicer on request) setting forth (i) the Available Distribution Amount, (ii) the amounts required to be withdrawn from the Custodial Account and deposited into the Certificate Account on the immediately succeeding Certificate Account Deposit Date pursuant to clause (iii) of Section 4.01 (a); and (iii) such other information with respect to the Mortgage Loans as the Trustee may reasonably require to perform the calculations necessary to make the distributions contemplated by Section 4.01 and to prepare the statements to Certificateholders contemplated by Section 4.02. The determination by the Trustee of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder. (b) Not later than 2:00 P.M. New York time on the Certificate Account Deposit Date, the Trustee shall notify the Master Servicer of the aggregate amount of Advances required to be made for the related Distribution Date, which shall be the aggregate amount of Monthly Payments (with each interest portion thereof adjusted to be net of the related Servicing Fee Rate), less the amount of any related Debt Service Reductions or reductions in the amount of interest collectable from the Mortgagor pursuant to the Relief Act, on the Outstanding Mortgage Loans as of the related Due Date, which Monthly Payments were delinquent as of the close of business as of the related Determination Date, provided that following the reduction of the Certificate Principal Balances of the Class B Certificates to zero no Advance shall be made if it would be a Nonrecoverable Advance. On or before 3:00 P.M. New York time on each Certificate Account Deposit Date, the Master Servicer shall either (i) deposit in the Certificate Account from its own funds, or funds received therefor from the Sub-Servicers, an amount equal to the Advances to be made by the Master Servicer in respect of the related Distribution Date, (ii) withdraw from amounts on deposit in the Custodial Account and deposit in the Certificate Account all or a portion of the amounts held for future distribution in discharge of any such Advance, or (iii) make advances in the form of any combination of (i) and (ii) aggregating the amount of such Advance. Any portion of the amounts held for future distribution so used shall be replaced by the Master Servicer by deposit in the Custodial Account on or before 12: 00 P.M. New York time on any future Certificate Account Deposit Date to the extent that funds attributable to the Mortgage Loans that are available in the Custodial Account for deposit in the Certificate Account on such Certificate Account Deposit Date shall be less than payments to Certificateholders required to be made on the following Distribution Date. The amount of any reimbursement pursuant to Section 4.01(b)(iii) in respect of outstanding Advances on any Distribution Date shall be allocated to specific Monthly Payments due but delinquent for previous Due Periods, which allocation shall be made, to the extent practicable, to Monthly Payments which have been delinquent for the longest period of time. Such allocations shall be conclusive for purposes of reimbursement to the Master Servicer from recoveries on the Mortgage Loans pursuant to Section 3.11. The determination by the Master Servicer that it has made a Nonrecoverable Advance or that any proposed Advance, if made, would constitute a Nonrecoverable Advance, shall be evidenced by a certificate of a Servicing Officer delivered to the Seller and the Trustee. The Trustee shall deposit all funds it receives pursuant to this Section 4.03 into the Certificate Account. (c) In the event that the Master Servicer determines on the Certificate Account Deposit Date that it will be unable to deposit in the Certificate Account an amount equal to the Advance required to be made for the immediately succeeding Distribution Date in the amount determined by the Trustee pursuant to paragraph (b) above, it shall give notice to the Trustee of its inability to advance (such notice may be given by telecopy), not later than 3:00 P.M., New York time, on such Business Day, specifying the portion of such amount that it will be unable to deposit. If the Master Servicer shall have determined that it is not obligated to make the entire Advance because all or a lesser portion of such Advance would not be recoverable from Insurance Proceeds, Liquidation Proceeds or otherwise, the Master Servicer shall promptly deliver to the Trustee for the benefit of the Certificateholders an Officer's Certificate setting forth the reasons for the Master Servicer's determination. Not later than 5:00 P.M., New York time, on the Certificate Account Deposit Date, unless by such time the Master Servicer shall have directly or indirectly deposited in the Certificate Account the entire amount of the Advances required to be made for the related Distribution Date, pursuant to Section 7.01, the Trustee shall (a) terminate all of the rights and obligations of the Master Servicer under this Agreement in accordance with Section 7.01 and (b) assume the rights and obligations of the Master Servicer hereunder, including the obligation to deposit in the Certificate Account an amount equal to the Advance for the immediately succeeding Distribution Date.

Appears in 3 contracts

Sources: Pooling and Servicing Agreement (Opteum Mortgage Acceptance CORP), Pooling and Servicing Agreement (Opteum Mortgage Acceptance CORP), Pooling and Servicing Agreement (Opteum Mortgage Acceptance CORP)

Remittance Reports. Advances (i) No later than the fifth Business Day of each month, the Servicer shall furnish to the Master Servicer or its designee an electronic file containing, and a hard copy of, (i) a monthly remittance advice in the form of Exhibit A-1 attached to the related Assignment, Assumption and Recognition Agreement, (ii) a delinquency report in the form of Exhibit A-2 attached to the related Assignment, Assumption and Recognition Agreement, and (iii) a realized loss report in the form of Exhibit A-3 attached to the related Assignment, Assumption and Recognition Agreement, such information in each case to be as of the latest Due Period and provided in the form of the applicable exhibit or in such other form as agreed between the Servicer and the Master Servicer, together with such other information with respect to the Loans as the Master Servicer may reasonably require to allocate distributions made pursuant to this Agreement and to provide appropriate statements in connection therewith. The Servicer shall modify the electronic file as requested by the Master Servicer. (a) By 11:00 A.M. New York Servicer from time to time to satisfy any reporting needs which may arise because of regulatory or legal requirements. On the Business Day following each Determination Date, the Master Servicer shall deliver to the Trustee a report, prepared as of the close of business on the Determination Date (the "Determination Date Report"), Master Servicer or its designee by telecopy (or in by such other means as the Servicer and the Master Servicer may agree from time to time) an electronic file containing, and a mutually agreeable electronic format. The Determination Date Report and any written information supplemental thereto shall include such information hard copy of, the determination data with respect to the Mortgage Loans that is reasonably available to the Master Servicer and that is required by the Trustee for purposes of making the calculations referred to in the following paragraph, as set forth in written specifications or guidelines issued by the Trustee from time to time. Not later than 2:00 P.M. New York time on the Certificate Account Deposit related Distribution Date, the Trustee shall furnish by telecopy to the Master Servicer a statement (the information in such statement to be made available to Certificateholders or the Depositor by the Master Servicer on request) setting forth (i) the Available Distribution Amount, (ii) the amounts required to be withdrawn from the Custodial Account and deposited into the Certificate Account on the immediately succeeding Certificate Account Deposit Date pursuant to clause (iii) of Section 4.01 (a); and (iii) together with such other information with respect to the Mortgage Loans as the Trustee Master Servicer may reasonably require to perform the calculations necessary allocate distributions made pursuant to make the distributions contemplated by Section 4.01 this Agreement and provide appropriate statements with respect to prepare the statements to Certificateholders contemplated by Section 4.02. The determination by the Trustee of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunderdistributions. (bxviii) Not later than 2:00 P.M. New York time on the Certificate Account Deposit Date, the Trustee shall notify the Master Servicer Section 11.16 of the aggregate amount of Advances required to be made for the related Distribution Date, which Exhibit 9 shall be deleted in its entirety and replaced with the aggregate amount of Monthly Payments (with each interest portion thereof adjusted to be net of the related Servicing Fee Rate), less the amount of any related Debt Service Reductions or reductions in the amount of interest collectable from the Mortgagor pursuant to the Relief Act, on the Outstanding Mortgage Loans as of the related Due Date, which Monthly Payments were delinquent as of the close of business as of the related Determination Date, provided that following the reduction of the Certificate Principal Balances of the Class B Certificates to zero no Advance shall be made if it would be a Nonrecoverable Advance. On or before 3:00 P.M. New York time on each Certificate Account Deposit Date, the Master Servicer shall either (i) deposit in the Certificate Account from its own funds, or funds received therefor from the Sub-Servicers, an amount equal to the Advances to be made by the Master Servicer in respect of the related Distribution Date, (ii) withdraw from amounts on deposit in the Custodial Account and deposit in the Certificate Account all or a portion of the amounts held for future distribution in discharge of any such Advance, or (iii) make advances in the form of any combination of (i) and (ii) aggregating the amount of such Advance. Any portion of the amounts held for future distribution so used shall be replaced by the Master Servicer by deposit in the Custodial Account on or before 12: 00 P.M. New York time on any future Certificate Account Deposit Date to the extent that funds attributable to the Mortgage Loans that are available in the Custodial Account for deposit in the Certificate Account on such Certificate Account Deposit Date shall be less than payments to Certificateholders required to be made on the following Distribution Date. The amount of any reimbursement pursuant to Section 4.01(b)(iii) in respect of outstanding Advances on any Distribution Date shall be allocated to specific Monthly Payments due but delinquent for previous Due Periods, which allocation shall be made, to the extent practicable, to Monthly Payments which have been delinquent for the longest period of time. Such allocations shall be conclusive for purposes of reimbursement to the Master Servicer from recoveries on the Mortgage Loans pursuant to Section 3.11. The determination by the Master Servicer that it has made a Nonrecoverable Advance or that any proposed Advance, if made, would constitute a Nonrecoverable Advance, shall be evidenced by a certificate of a Servicing Officer delivered to the Seller and the Trustee. The Trustee shall deposit all funds it receives pursuant to this Section 4.03 into the Certificate Account. (c) In the event that the Master Servicer determines on the Certificate Account Deposit Date that it will be unable to deposit in the Certificate Account an amount equal to the Advance required to be made for the immediately succeeding Distribution Date in the amount determined by the Trustee pursuant to paragraph (b) above, it shall give notice to the Trustee of its inability to advance (such notice may be given by telecopy), not later than 3:00 P.M., New York time, on such Business Day, specifying the portion of such amount that it will be unable to deposit. If the Master Servicer shall have determined that it is not obligated to make the entire Advance because all or a lesser portion of such Advance would not be recoverable from Insurance Proceeds, Liquidation Proceeds or otherwise, the Master Servicer shall promptly deliver to the Trustee for the benefit of the Certificateholders an Officer's Certificate setting forth the reasons for the Master Servicer's determination. Not later than 5:00 P.M., New York time, on the Certificate Account Deposit Date, unless by such time the Master Servicer shall have directly or indirectly deposited in the Certificate Account the entire amount of the Advances required to be made for the related Distribution Date, pursuant to Section 7.01, the Trustee shall (a) terminate all of the rights and obligations of the Master Servicer under this Agreement in accordance with Section 7.01 and (b) assume the rights and obligations of the Master Servicer hereunder, including the obligation to deposit in the Certificate Account an amount equal to the Advance for the immediately succeeding Distribution Date.following:

Appears in 2 contracts

Sources: Assignment, Assumption and Recognition Agreement (Hsi Asset Securitization Corp), Assignment, Assumption and Recognition Agreement (Hsi Asset Securitization Corp)

Remittance Reports. Advances by the Master Servicer. (a) By 11:00 A.M. New York time the Business Day following each Determination Date, the Master Servicer shall deliver to the Trustee a report, prepared as of the close of business on the Determination Date (the "Determination Date Report"), by telecopy or in a mutually agreeable electronic format. The Determination Date Report and any written information supplemental thereto shall include such information with respect to the Mortgage Loans that is reasonably available to the Master Servicer and that is required by the Trustee for purposes of making the calculations referred to in the following paragraph, as set forth in written specifications or guidelines issued by the Trustee from time to time. Not later than 2:00 P.M. New York time on the Certificate Account Deposit Date, the Trustee shall furnish by telecopy to the Master Servicer a statement (the information in such statement to be made available to Certificateholders or the Depositor by the Master Servicer on request) setting forth (i) the Available Distribution Amount, (ii) the amounts required to be withdrawn from the Custodial Account and deposited into the Certificate Account on the immediately succeeding Certificate Account Deposit Date pursuant to clause (iii) of Section 4.01 4. 01 (a); and (iii) such other information with respect to the Mortgage Loans as the Trustee may reasonably require to perform the calculations necessary to make the distributions contemplated by Section 4.01 and to prepare the statements to Certificateholders contemplated by Section 4.02. The determination by the Trustee of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder. (b) Not later than 2:00 P.M. New York time on the Certificate Account Deposit Date, the Trustee shall notify the Master Servicer of the aggregate amount of Advances required to be made for the related Distribution Date, which shall be the aggregate amount of Monthly Payments (with each interest portion thereof adjusted to be net of the related Servicing Fee Rate), less the amount of any related Debt Service Reductions or reductions in the amount of interest collectable from the Mortgagor pursuant to the Relief Act, on the Outstanding Mortgage Loans as of the related Due Date, which Monthly Payments were delinquent as of the close of business as of the related Determination Date, provided that following the reduction of the Certificate Principal Balances of the Class B Certificates to zero no Advance shall be made if it would be a Nonrecoverable Advance. On or before 3:00 P.M. New York time on each Certificate Account Deposit Date, the Master Servicer shall either (i) deposit in the Certificate Account from its own funds, or funds received therefor from the Sub-Servicers, an amount equal to the Advances to be made by the Master Servicer in respect of the related Distribution Date, (ii) withdraw from amounts on deposit in the Custodial Account and deposit in the Certificate Account all or a portion of the amounts held for future distribution in discharge of any such Advance, or (iii) make advances in the form of any combination of (i) and (ii) aggregating the amount of such Advance. Any portion of the amounts held for future distribution so used shall be replaced by the Master Servicer by deposit in the Custodial Account on or before 12: 00 12:00 P.M. New York time on any future Certificate Account Deposit Date to the extent that funds attributable to the Mortgage Loans that are available in the Custodial Account for deposit in the Certificate Account on such Certificate Account Deposit Date shall be less than payments to Certificateholders required to be made on the following Distribution Date. The amount of any reimbursement pursuant to Section 4.01(b)(iii) in respect of outstanding Advances on any Distribution Date shall be allocated to specific Monthly Payments due but delinquent for previous Due Periods, which allocation shall be made, to the extent practicable, to Monthly Payments which have been delinquent for the longest period of time. Such allocations shall be conclusive for purposes of reimbursement to the Master Servicer from recoveries on the Mortgage Loans pursuant to Section 3.11. The determination by the Master Servicer that it has made a Nonrecoverable Advance or that any proposed Advance, if made, would constitute a Nonrecoverable Advance, shall be evidenced by a certificate of a Servicing Officer delivered to the Seller Sponsor and the Trustee. The Trustee shall deposit all funds it receives pursuant to this Section 4.03 into the Certificate Account. (c) In the event that the Master Servicer determines on the Certificate Account Deposit Date that it will be unable to deposit in the Certificate Account an amount equal to the Advance required to be made for the immediately succeeding Distribution Date in the amount determined by the Trustee pursuant to paragraph (b) above, it shall give notice to the Trustee of its inability to advance (such notice may be given by telecopy), not later than 3:00 3: 00 P.M., New York time, on such Business Day, specifying the portion of such amount that it will be unable to deposit. If the Master Servicer shall have determined that it is not obligated to make the entire Advance because all or a lesser portion of such Advance would not be recoverable from Insurance Proceeds, Liquidation Proceeds or otherwise, the Master Servicer shall promptly deliver to the Trustee for the benefit of the Certificateholders an Officer's Certificate setting forth the reasons for the Master Servicer's determination. Not later than 5:00 P.M., New York time, on the Certificate Account Deposit Date, unless by such time the Master Servicer shall have directly or indirectly deposited in the Certificate Account the entire amount of the Advances required to be made for the related Distribution Date, pursuant to Section 7.01, the Trustee shall (a) terminate all of the rights and obligations of the Master Servicer under this Agreement in accordance with Section 7.01 and (b) assume the rights and obligations of the Master Servicer hereunder, including the obligation to deposit in the Certificate Account an amount equal to the Advance for the immediately succeeding Distribution Date.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Impac Secured Assets Corp), Pooling and Servicing Agreement (Impac Secured Assets Corp)

Remittance Reports. Advances by the Master Servicer. (a) By 11:00 A.M. New York time the Business Day following each Determination Date, the Master Servicer shall deliver to the Trustee a report, prepared as of the close of business on the Determination Date (the "Determination Date Report"), by telecopy or in a mutually agreeable electronic format. The Determination Date Report and any written information supplemental thereto shall include such information with respect to the Mortgage Loans that is reasonably available to the Master Servicer and that is required by the Trustee for purposes of making the calculations referred to in the following paragraph, as set forth in written specifications or guidelines issued by the Trustee from time to time. Not later than 2:00 P.M. New York time on the Certificate Account Deposit Date, the Trustee shall furnish by telecopy to the Master Servicer a statement (the information in such statement to be made available to Certificateholders or the Depositor by the Master Servicer on request) setting forth (i) the Available Distribution Amount, (ii) the amounts required to be withdrawn from the Custodial Account and deposited into the Certificate Account on the immediately succeeding Certificate Account Deposit Date pursuant to clause (iii) of Section 4.01 (a); and (iii) such other information with respect to the Mortgage Loans as the Trustee may reasonably require to perform the calculations necessary to make the distributions contemplated by Section 4.01 and to prepare the statements to Certificateholders contemplated by Section 4.02. The determination by the Trustee of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder.[Reserved] (b) Not later than 2:00 P.M. New York time on the Certificate Account Deposit Date, the Trustee shall notify the Master Servicer of the aggregate amount of Advances required to be made for the related Distribution Date, which shall be the aggregate amount of Monthly Payments (with each interest portion thereof adjusted to be net of the related Servicing Fee Rate), less the amount of any related Debt Service Reductions or reductions in the amount of interest collectable from the Mortgagor pursuant to the Relief Act, on the Outstanding Mortgage Loans as of the related Due Date, which Monthly Payments were delinquent as of the close of business as of the related Determination Date, provided that following the reduction of the Certificate Principal Balances of the Class B Certificates to zero no Advance shall be made if it would be a Nonrecoverable Advance. On or before 3:00 P.M. New York time on each Certificate Account Deposit Date, the Master Servicer shall either (i) deposit in the Certificate Account from its own funds, or funds received therefor from the Sub-Servicers, an amount equal to the Advances to be made by the Master Servicer in respect of the related Distribution Date, (ii) withdraw from amounts on deposit in the Custodial Account and deposit in the Certificate Account all or a portion of the amounts held for future distribution in discharge of any such Advance, or (iii) make advances in the form of any combination of (i) and (ii) aggregating the amount of such Advance. Any portion of the amounts held for future distribution so used shall be replaced by the Master Servicer by deposit in the Custodial Account on or before 12: 00 P.M. New York time on any future Certificate Account Deposit Date to the extent that funds attributable to the Mortgage Loans that are available in the Custodial Account for deposit in the Certificate Account on such Certificate Account Deposit Date shall be less than payments to Certificateholders required to be made on the following Distribution Date. The amount of any reimbursement pursuant to Section 4.01(b)(iii) in respect of outstanding Advances on any Distribution Date shall be allocated to specific Monthly Payments due but delinquent for previous Due Periods, which allocation shall be made, to the extent practicable, to Monthly Payments which have been delinquent for the longest period of time. Such allocations shall be conclusive for purposes of reimbursement to the Master Servicer from recoveries on the Mortgage Loans pursuant to Section 3.11. The determination by the Master Servicer that it has made a Nonrecoverable Advance or that any proposed Advance, if made, would constitute a Nonrecoverable Advance, shall be evidenced by a certificate of a Servicing Officer delivered to the Seller and the Trustee. The Trustee shall deposit all funds it receives pursuant to this Section 4.03 into the Certificate Account. (c) In the event that the Master Servicer determines on the Certificate Account Deposit Date that it will be unable to deposit in the Certificate Account an amount equal to the Advance required to be made for the immediately succeeding Distribution Date in the amount determined by the Trustee pursuant to paragraph (b) above, it shall give notice to the Trustee of its inability to advance (such notice may be given by telecopy), not later than 3:00 P.M., New York time, on such Business Day, specifying the portion of such amount that it will be unable to deposit. If the Master Servicer shall have determined that it is not obligated to make the entire Advance because all or a lesser portion of such Advance would not be recoverable from Insurance Proceeds, Liquidation Proceeds or otherwise, the Master Servicer shall promptly deliver to the Trustee for the benefit of the Certificateholders an Officer's Certificate setting forth the reasons for the Master Servicer's determination. Not later than 5:00 P.M.12:00 noon, New York time, on the Certificate Account Deposit Servicer Remittance Date, unless by such time the Master Servicer shall have directly or indirectly deposited deposit into the Collection Account, for inclusion in the Certificate Account Available Funds for the entire next Distribution Date, in immediately available funds, the amount equal to the aggregate of all payments of principal and interest, net of the Servicing Fee, that were due during the related Due Period on the Mortgage Loans and that were delinquent on the related Determination Date, (any such deposit made by the Servicer, a "Delinquency Advance"). The Servicer is permitted to fund its payment of Delinquency Advances from amounts then on deposit in the Collection Account representing collections on the Mortgage Loans relating to the then-current or any subsequent Due Period; any such amounts shall be replaced by Servicer on or prior to the next Servicer Remittance Date. The Servicer shall be required to make Delinquency Advances from its own funds (subject to reimbursement from subsequent collections on the related Mortgage Loans, when available) to the extent that such amounts in the Collection Account are insufficient. (c) The obligation of the Servicer to make Delinquency Advances (other than Nonrecoverable Delinquency Advances) is mandatory with respect to any Mortgage Loan or REO Property, and shall continue until a Final Recovery Determination or an REO Disposition in connection therewith or the purchase or repurchase thereof from the Trust pursuant to any applicable provision of this Agreement. (d) Notwithstanding anything herein to the contrary, no Delinquency Advance or Servicing Advance shall be required to be made for hereunder by the related Distribution Date, pursuant Servicer with respect to Section 7.01, reduction in the Trustee shall (a) terminate all amount of the rights and obligations monthly payments on the Mortgage Loans due to bankruptcy proceedings or the application of the Master Civil Relief Act, or if such Delinquency Advance or Servicing Advance would, if made, constitute a Nonrecoverable Delinquency Advance or Nonrecoverable Servicing Advance, respectively. Any Delinquency Advances previously made in respect to any Mortgage Loan that are at any time deemed by the Servicer under this Agreement in accordance with Section 7.01 and (b) assume to be nonrecoverable from related late collections, insurance proceeds or liquidation proceeds may be reimbursed to the rights and obligations Servicer out of the Master Servicer hereunder, including the obligation to deposit any funds in the Certificate Collection Account an amount equal prior to the Advance for distributions on the immediately succeeding Distribution DateCertificates.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)

Remittance Reports. Advances by the Master Servicer. (a) By 11:00 A.M. Not later than 3:00 p.m. New York time the Business Day following on each Determination Date, the Master Servicer shall deliver to the Trustee Trustee, the NIMS Insurer, the Advancing Party and the Certificate Insurer a report, prepared computer tape or written report containing the information set forth on Exhibit R as of the close of business on the Determination Date (the "Determination Date Report"), by telecopy or in a mutually agreeable electronic format. The Determination Date Report and any written information supplemental thereto shall include such information to each Mortgage --------- Loan with respect to the Mortgage Loans that is reasonably available to the Master Servicer related Due Period and that is required by the Trustee for purposes of making the calculations referred to in the following paragraph, as set forth in written specifications or guidelines issued by the Trustee from time to time. Not later than 2:00 P.M. New York time on the Certificate Account Deposit Date, the Trustee shall furnish by telecopy to the Master Servicer a statement (the information in such statement to be made available to Certificateholders or the Depositor by the Master Servicer on request) setting forth (i) the Available Distribution Amount, (ii) the amounts required to be withdrawn from the Custodial Account Prepayment Period and deposited into the Certificate Account on the immediately succeeding Certificate Account Deposit Date pursuant to clause (iii) of Section 4.01 (a); and (iii) such other information with respect to the Mortgage Loans in the aggregate as the Trustee may shall reasonably require to perform the calculations necessary to make the distributions contemplated by Section 4.01 and to prepare the statements to Certificateholders contemplated by Section 4.02require. The determination by the Trustee of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder. (b) Not later than 2:00 P.M. 1:00 p.m. New York time on the Certificate Account Deposit each Distribution Date, the Trustee shall notify make available to the Master Depositor, the Servicer, the Advancing Party, the Certificate Insurer, the NIMS Insurer, ▇▇▇▇▇'▇, Fitch and S&P by telecopy, by request, a statement (the "Remittance ---------- Report") prepared based on the Mortgage Loan and Mortgage Loan Group information ------ provided by the Servicer on Exhibit R containing the information set forth below --------- with respect to such Distribution Date, with a hard copy thereof to be delivered on the immediately succeeding Business Day: (i) the Available Funds attributable to each Mortgage Loan Group and any portion of the Available Funds that has been deposited in the Collection Account but may not be withdrawn therefrom pursuant to an order of a United States bankruptcy court of competent jurisdiction imposing a stay pursuant to ▇▇▇▇▇▇▇ ▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Bankruptcy Code and separately indicating the amount of Interest Advances made with respect to each Mortgage Loan Group; (ii) the Class A-1 Principal Balance, the Class A-2 Principal Balance, the Class A-3 Principal Balance, the Class A-4 Principal Balance, and the Pool Principal Balance with respect to each Mortgage Loan Group, as reported pursuant to subclause (xiii) below in the Remittance Report ---------------- provided for the immediately preceding Distribution Date, or, in the case of the first Determination Date, the Original Class A-1 Principal Balance, the Original Class A-2 Principal Balance, the Original Class A-3 Principal Balance, the Original Class A-4 Principal Balance, the Original Class A-5 Principal Balance, the Original Class A-6 Principal Balance, the Original Class A-7 Principal Balance, and the Original Pool Principal Balance with respect to each Mortgage Loan Group; (iii) with respect to the Mortgage Pool and each Mortgage Loan Group, the number and the aggregate Principal Balances of all Mortgage Loans which were the subject of Principal Prepayments during the related Prepayment Period; (iv) with respect to the Mortgage Pool and each Mortgage Loan Group, the amount of all Curtailments which were received during the related Due Period; (v) with respect to the Mortgage Pool and each Mortgage Loan Group, the aggregate amount of Advances required to be made for principal portions of all Monthly Payments received during the related Distribution DateDue Period; (vi) with respect to the Mortgage Pool and each Mortgage Loan Group, which shall be the amount of interest received on the Mortgage Loans during the related Due Period (and Prepayment Period, in the case of interest on Principal Prepayments); (vii) with respect to the Mortgage Pool and each Mortgage Loan Group, the aggregate amount of Monthly Payments (the Interest Advances made with each interest portion thereof adjusted respect to be net such Distribution Date and the aggregate amount of recoveries during the related Servicing Fee Rate)Due Period of previously made Interest Advances; (viii) with respect to the Mortgage Pool and each Mortgage Loan Group, less the delinquency and foreclosure information set forth in the form attached hereto as Exhibit H and the amount of any Mortgage Loan Losses incurred during --------- the related Debt Service Reductions or reductions in Due Period; (ix) the amount of interest collectable from Class A-1 Principal Balance, the Mortgagor pursuant Class A-2 Principal Balance, the Class A-3 Principal Balance, the Class A-4 Principal Balance, the Class A-5 Principal Balance, the Class A-6 Principal Balance and the Class A-7 Principal Balance after giving effect to the Relief Actdistribution to be made on such Distribution Date; (x) with respect to the Mortgage Pool and each Mortgage Loan Group, on the Outstanding weighted average remaining maturity and the weighted average Mortgage Interest Rate of the Mortgage Loans in each Mortgage Loan Group as of the last day of the related Due Period; (xi) the Servicing Fees paid and Servicing Fees accrued during the related Due Period; (xii) the amount of all payments or reimbursements to the Servicer pursuant to Section 5.04(ii), (iv), (v), (vi) and (vii) paid or to be paid ---------------- ---- --- ---- ----- since the prior Distribution Date (or in the case of the first Distribution Date, which Monthly Payments were delinquent since the Closing Date); (xiii) the Pool Principal Balance and aggregate Principal Balance for each Mortgage Loan Group as of the close of business as last day of the related Determination Date, provided that following Due Period (after giving effect to all Principal Prepayments received during the reduction of related Prepayment Period); (xiv) such other information as the Certificate Principal Balances of the Class B Certificates to zero no Advance shall be made if it would be a Nonrecoverable Advance. On or before 3:00 P.M. New York time on each Certificate Account Deposit DateInsurer, the Master Servicer shall either NIMS Insurer and the Certificateholders may reasonably require; (ixvi) deposit in the Certificate Account from its own funds, or funds received therefor from the Sub-Servicers, an amount equal with respect to the Advances to be made by Mortgage Pool and each Mortgage Loan Group, the Master Servicer in respect number of Mortgage Loans outstanding at the beginning and at the end of the related Distribution Date, Due Period (iiafter giving effect to all Principal Prepayments received during the related Prepayment Period); (xvii) withdraw from amounts on deposit in the Custodial Account and deposit in the Certificate Account all or a portion of the amounts held for future distribution in discharge of any such Advance, or (iii) make advances in the form of any combination of (i) and (ii) aggregating the amount of such Advance. Any portion of the amounts held for future distribution so used shall be replaced by the Master Servicer by deposit in the Custodial Account on or before 12: 00 P.M. New York time on any future Certificate Account Deposit Date to the extent that funds attributable to the Mortgage Loans that are available in the Custodial Account for deposit in the Certificate Account on such Certificate Account Deposit Date shall be less than payments to Certificateholders required to be made on the following Distribution Date. The amount of any reimbursement pursuant to Section 4.01(b)(iii) in respect of outstanding Advances on any Distribution Date shall be allocated to specific Monthly Payments due but delinquent for previous Due Periods, which allocation shall be made, to the extent practicable, to Monthly Payments which have been delinquent for the longest period of time. Such allocations shall be conclusive for purposes of reimbursement to the Master Servicer from recoveries aggregate interest accrued on the Mortgage Loans pursuant at their respective Mortgage Interest Rates for the related Due Period; (xviii) the Overcollateralized Amount, the Overcollateralization Target Amount and any Overcollateralization Deficiency Amount for each Certificate Group for such Distribution Date, in each case after giving effect to Section 3.11distributions on such Distribution Date; (xix) the aggregate cumulative Mortgage Loan Losses since the Cut-off Date as of the end of the related Due Period; (xx) the Pass-Through Rate for each Class of Class A Certificates for the related Accrual Period, stating in each case whether the Pass-Through Rate equals the applicable Net Funds Cap Rate; (xxi) the aggregate amount of interest and/or principal (reported separately) to be distributed on each Class of Certificates on such Distribution Date; (xxii) the aggregate amount of Principal Prepayments made during the related Prepayment Period; and (xxiii) an itemization of each Servicing Advance made and reimbursed during the preceding Due Period, by loan number, borrower name, property address, dollar amount, date paid, date reimbursed (if applicable), and the purpose for the Servicing Advance. The determination by the Master Servicer that it has made a Nonrecoverable Advance or that any proposed Advance, if made, would constitute a Nonrecoverable Advance, shall be evidenced by a certificate of a Servicing Officer delivered Trustee will make such report available on each Distribution Date to the Seller Certificateholders and the Rating Agencies via the Trustee's website at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the Trustee at (▇▇▇) ▇▇▇-▇▇▇▇ and indicating such. The Trustee shall deposit have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all funds it receives parties regarding any such changes. The Depositor and the Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer. The Trustee shall deliver the report to the Certificate Insurer via hard copy or electronic mail pursuant to this Section 4.03 into delivery instructions provided by the Certificate Account. (c) Insurer to the Trustee. To the extent that there are inconsistencies between the telecopy of the Remittance Report and the hard copy thereof, the Servicer and the Trustee may rely upon the telecopy. In the event that the Master Servicer determines on the Certificate Account Deposit Date that it will be unable to deposit in the Certificate Account an amount equal to the Advance required to be made for the immediately succeeding Distribution Date in the amount determined by the Trustee case of information furnished pursuant to paragraph subclause (bxxi) above, it --------------------- the amounts shall give notice to the Trustee of its inability to advance (such notice may be given by telecopy), not later than 3:00 P.M., New York time, on such Business Day, specifying the portion of such amount that it will be unable to deposit. If the Master Servicer shall have determined that it is not obligated to make the entire Advance because all or expressed in a lesser portion of such Advance would not be recoverable from Insurance Proceeds, Liquidation Proceeds or otherwise, the Master Servicer shall promptly deliver to the Trustee for the benefit separate section of the Certificateholders an Officer's Certificate setting forth the reasons report as a dollar amount for the Master Servicer's determination. Not later than 5:00 P.M., New York time, on the Certificate Account Deposit Date, unless by such time the Master Servicer shall have directly or indirectly deposited in the Certificate Account the entire amount each of the Advances required to be made Class A Certificates for the related Distribution Date, pursuant to Section 7.01, the Trustee shall (a) terminate all each $1,000 original principal amount as of the rights and obligations of the Master Servicer under this Agreement in accordance with Section 7.01 and (b) assume the rights and obligations of the Master Servicer hereunder, including the obligation to deposit in the Certificate Account an amount equal to the Advance for the immediately succeeding Distribution Cut-off Date.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Eqcc Receivables Corp)

Remittance Reports. Advances by the Master Servicer. (a) By 11:00 A.M. New York time the Business Day following each Determination Date, the Master Servicer shall deliver to the Trustee a report, prepared as of the close of business on the Determination Date (the "Determination Date Report"), by telecopy or in a mutually agreeable electronic format. The Determination Date Report and any written information supplemental thereto shall include such information with respect to the Mortgage Loans that is reasonably available to the Master Servicer and that is required by the Trustee for purposes of making the calculations referred to in the following paragraph, as set forth in written specifications or guidelines issued by the Trustee from time to time. Not later than 2:00 P.M. New York time on the Certificate Account Deposit Date, the Trustee shall furnish by telecopy to the Master Servicer a statement (the information in such statement to be made available to Certificateholders or the Depositor by the Master Servicer on request) setting forth (i) the Available Distribution Amount, (ii) the amounts required to be withdrawn from the Custodial Account and deposited into the Certificate Account on the immediately succeeding Certificate Account Deposit Date pursuant to clause (iii) of Section 4.01 (a); and (iii) such other information with respect to the Mortgage Loans as the Trustee may reasonably require to perform the calculations necessary to make the distributions contemplated by Section 4.01 and to prepare the statements to Certificateholders contemplated by Section 4.02. The determination by the Trustee of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder. (b) Not later than 2:00 P.M. New York time on the Certificate Account Deposit Date, the Trustee shall notify the Master Servicer of the aggregate amount of Advances required to be made for the related Distribution Date, which shall be the aggregate amount of Monthly Payments (with each interest portion thereof adjusted to be net of the related Servicing Fee Rate), less the amount of any related Debt Service Reductions or reductions in the amount of interest collectable from the Mortgagor pursuant to the Relief Act, on the Outstanding Mortgage Loans as of the related Due Date, which Monthly Payments were delinquent as of the close of business as of the related Determination Date, provided that following the reduction of the Certificate Principal Balances of the Class B Certificates to zero no Advance shall be made if it would be a Nonrecoverable Advance. On or before 3:00 P.M. New York time on each Certificate Account Deposit Date, the Master Servicer shall either (i) deposit in the Certificate Account from its own funds, or funds received therefor from the Sub-Servicers, an amount equal to the Advances to be made by the Master Servicer in respect of the related Distribution Date, (ii) withdraw from amounts on deposit in the Custodial Account and deposit in the Certificate Account all or a portion of the amounts held for future distribution in discharge of any such Advance, or (iii) make advances in the form of any combination of (i) and (ii) aggregating the amount of such Advance. Any portion of the amounts held for future distribution so used shall be replaced by the Master Servicer by deposit in the Custodial Account on or before 12: 00 P.M. New York time on any future Certificate Account Deposit Date to the extent that funds attributable to the Mortgage Loans that are available in the Custodial Account for deposit in the Certificate Account on such Certificate Account Deposit Date shall be less than payments to Certificateholders required to be made on the following Distribution Date. The amount of any reimbursement pursuant to Section 4.01(b)(iii) in respect of outstanding Advances on any Distribution Date shall be allocated to specific Monthly Payments due but delinquent for previous Due Periods, which allocation shall be made, to the extent practicable, to Monthly Payments which have been delinquent for the longest period of time. Such allocations shall be conclusive for purposes of reimbursement to the Master Servicer from recoveries on the Mortgage Loans pursuant to Section 3.11. The determination by the Master Servicer that it has made a Nonrecoverable Advance or that any proposed Advance, if made, would constitute a Nonrecoverable Advance, shall be evidenced by a certificate of a Servicing Officer delivered to the Seller and the Trustee. The Trustee shall deposit all funds it receives pursuant to this Section 4.03 into the Certificate Account. (c) In the event that the Master Servicer determines on the Certificate Account Deposit Date that it will be unable to deposit in the Certificate Account an amount equal to the Advance required to be made for the immediately succeeding Distribution Date in the amount determined by the Trustee pursuant to paragraph (b) above, it shall give notice to the Trustee of its inability to advance (such notice may be given by telecopy), not later than 3:00 P.M., New York time, on such Business Day, specifying the portion of such amount that it will be unable to deposit. If the Master Servicer shall have determined that it is not obligated to make the entire Advance because all or a lesser portion of such Advance would not be recoverable from Insurance Proceeds, Liquidation Proceeds or otherwise, the Master Servicer shall promptly deliver to the Trustee for the benefit of the Certificateholders an Officer's ’s Certificate setting forth the reasons for the Master Servicer's ’s determination. Not later than 5:00 P.M., New York time, on the Certificate Account Deposit Date, unless by such time the Master Servicer shall have directly or indirectly deposited in the Certificate Account the entire amount of the Advances required to be made for the related Distribution Date, pursuant to Section 7.01, the Trustee shall (a) terminate all of the rights and obligations of the Master Servicer under this Agreement in accordance with Section 7.01 and (b) assume the rights and obligations of the Master Servicer hereunder, including the obligation to deposit in the Certificate Account an amount equal to the Advance for the immediately succeeding Distribution Date.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Shellpoint Mortgage Acceptance LLC)

Remittance Reports. Advances by the Master Servicer. (a) By 11:00 A.M. New York time On the Business Day following each Determination Date, the Master Servicer shall deliver to the Indenture Trustee a report, prepared as of the close of business on the Determination Date (the "Determination Date Remittance Report"), by telecopy in the form of a magnetic tape or in a mutually agreeable electronic formatdisk or such other method as to which the Master Servicer and Indenture Trustee shall agree. The Determination Date Remittance Report and any written information supplemental thereto shall include such information with respect to the Mortgage Loans that is reasonably available to the Master Servicer and that is required by the Indenture Trustee for purposes of making the calculations and providing the reports referred to in the following paragraphIndenture, as set forth in written specifications or guidelines issued by the Indenture Trustee from time to time. Not later than 2:00 P.M. New York time on the Certificate Account Deposit In addition, prior to each Payment Date, the Master Servicer shall determine the total amount of Realized Losses, if any, that resulted from any Cash Liquidation, Debt Service Reduction, Deficient Valuation or REO Disposition that occurred during the related Collection Period and the total amount of Realized Losses incurred due to a High CLTV Loan being 180 days or more delinquent. The amount of each Realized Loss shall be evidenced by an Officer's Certificate delivered to the Indenture Trustee shall furnish by telecopy with the related Remittance Report in the month following the month during which the High CLTV Loan becomes 180 days delinquent. In addition, prior to each Payment Date, the Master Servicer a statement (shall determine the information in such statement to total amount of Realized Losses, if any, that resulted from any Cash Liquidation, Debt Service Reduction, Deficient Valuation or REO Disposition that occurred during the related Collection Period. The amount of each Realized Loss shall be made available to Certificateholders or the Depositor evidenced by the Master Servicer on request) setting forth (i) the Available Distribution Amount, (ii) the amounts required to be withdrawn from the Custodial Account and deposited into the an Officer's Certificate Account on the immediately succeeding Certificate Account Deposit Date pursuant to clause (iii) of Section 4.01 (a); and (iii) such other information with respect delivered to the Mortgage Loans as Indenture Trustee with the Trustee may reasonably require to perform the calculations necessary to make the distributions contemplated by Section 4.01 and to prepare the statements to Certificateholders contemplated by Section 4.02related Remittance Report. The determination by the Trustee Master Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder. (b) Not later than 2:00 P.M. New York time on hereunder and the Certificate Account Deposit Date, the Owner Trustee and Indenture Trustee shall notify be protected in relying upon the Master Servicer of the aggregate amount of Advances required same without any independent check or verification. The Indenture Trustee shall have no obligation to be made for the related Distribution Daterecompute, which shall be the aggregate amount of Monthly Payments (with each interest portion thereof adjusted recalculate or verify any information provided to be net of the related Servicing Fee Rate), less the amount of any related Debt Service Reductions or reductions in the amount of interest collectable from the Mortgagor pursuant to the Relief Act, on the Outstanding Mortgage Loans as of the related Due Date, which Monthly Payments were delinquent as of the close of business as of the related Determination Date, provided that following the reduction of the Certificate Principal Balances of the Class B Certificates to zero no Advance shall be made if it would be a Nonrecoverable Advance. On or before 3:00 P.M. New York time on each Certificate Account Deposit Date, the Master Servicer shall either (i) deposit in the Certificate Account from its own funds, or funds received therefor from the Sub-Servicers, an amount equal to the Advances to be made by the Master Servicer in respect of the related Distribution Date, (ii) withdraw from amounts on deposit in the Custodial Account and deposit in the Certificate Account all or a portion of the amounts held for future distribution in discharge of any such Advance, or (iii) make advances in the form of any combination of (i) and (ii) aggregating the amount of such Advance. Any portion of the amounts held for future distribution so used shall be replaced by the Master Servicer by deposit in the Custodial Account on or before 12: 00 P.M. New York time on any future Certificate Account Deposit Date to the extent that funds attributable to the Mortgage Loans that are available in the Custodial Account for deposit in the Certificate Account on such Certificate Account Deposit Date shall be less than payments to Certificateholders required to be made on the following Distribution Date. The amount of any reimbursement pursuant to Section 4.01(b)(iii) in respect of outstanding Advances on any Distribution Date shall be allocated to specific Monthly Payments due but delinquent for previous Due Periods, which allocation shall be made, to the extent practicable, to Monthly Payments which have been delinquent for the longest period of time. Such allocations shall be conclusive for purposes of reimbursement to the Master Servicer from recoveries on the Mortgage Loans pursuant to Section 3.11. The determination by the Master Servicer that it has made a Nonrecoverable Advance or that any proposed Advance, if made, would constitute a Nonrecoverable Advance, shall be evidenced by a certificate of a Servicing Officer delivered to the Seller and the Trustee. The Trustee shall deposit all funds it receives pursuant to this Section 4.03 into the Certificate AccountServicer. (c) In the event that the Master Servicer determines on the Certificate Account Deposit Date that it will be unable to deposit in the Certificate Account an amount equal to the Advance required to be made for the immediately succeeding Distribution Date in the amount determined by the Trustee pursuant to paragraph (b) above, it shall give notice to the Trustee of its inability to advance (such notice may be given by telecopy), not later than 3:00 P.M., New York time, on such Business Day, specifying the portion of such amount that it will be unable to deposit. If the Master Servicer shall have determined that it is not obligated to make the entire Advance because all or a lesser portion of such Advance would not be recoverable from Insurance Proceeds, Liquidation Proceeds or otherwise, the Master Servicer shall promptly deliver to the Trustee for the benefit of the Certificateholders an Officer's Certificate setting forth the reasons for the Master Servicer's determination. Not later than 5:00 P.M., New York time, on the Certificate Account Deposit Date, unless by such time the Master Servicer shall have directly or indirectly deposited in the Certificate Account the entire amount of the Advances required to be made for the related Distribution Date, pursuant to Section 7.01, the Trustee shall (a) terminate all of the rights and obligations of the Master Servicer under this Agreement in accordance with Section 7.01 and (b) assume the rights and obligations of the Master Servicer hereunder, including the obligation to deposit in the Certificate Account an amount equal to the Advance for the immediately succeeding Distribution Date.

Appears in 1 contract

Sources: Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2003 10)

Remittance Reports. Advances by the Master Servicer. (a) By 11:00 A.M. Not later than 3:00 p.m. New York time the Business Day following on each Determination Date, the Master Servicer shall deliver to the Trustee Trustee, the NIMS Insurer, the Advancing Party, and the Certificate Insurer a report, prepared computer tape or written report containing the information set forth on Exhibit R as of the close of business on the Determination Date (the "Determination Date Report"), by telecopy or in a mutually agreeable electronic format. The Determination Date Report and any written information supplemental thereto shall include such information to each Mortgage Loan with respect to the Mortgage Loans that is reasonably available to the Master Servicer related Due Period and that is required by the Trustee for purposes of making the calculations referred to in the following paragraph, as set forth in written specifications or guidelines issued by the Trustee from time to time. Not later than 2:00 P.M. New York time on the Certificate Account Deposit Date, the Trustee shall furnish by telecopy to the Master Servicer a statement (the information in such statement to be made available to Certificateholders or the Depositor by the Master Servicer on request) setting forth (i) the Available Distribution Amount, (ii) the amounts required to be withdrawn from the Custodial Account Prepayment Period and deposited into the Certificate Account on the immediately succeeding Certificate Account Deposit Date pursuant to clause (iii) of Section 4.01 (a); and (iii) such other information with respect to the Mortgage Loans in the aggregate as the Trustee may shall reasonably require to perform the calculations necessary to make the distributions contemplated by Section 4.01 and to prepare the statements to Certificateholders contemplated by Section 4.02require. The determination by the Trustee of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder. (b) Not later than 2:00 P.M. 1:00 p.m. New York time on the Certificate Account Deposit each Distribution Date, the Trustee shall notify make available to the Master Depositor, the Servicer, the Advancing Party, the Certificate Insurer, the NIMS Insurer, ▇▇▇▇▇'▇, S&P and Fitch by telecopy, by request, a statement (the "Remittance Report") prepared based on the Mortgage Loan and Mortgage Loan Group information provided by the Servicer on Exhibit R containing the information set forth below with respect to such Distribution Date, with a hard copy thereof to be delivered on the immediately succeeding Business Day: (i) the Available Funds attributable to each Mortgage Loan Group and any portion of the Available Funds that has been deposited in the Collection Account but may not be withdrawn therefrom pursuant to an order of a United States bankruptcy court of competent jurisdiction imposing a stay pursuant to ▇▇▇▇▇▇▇ ▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Bankruptcy Code; (ii) the Class A-1 Principal Balance, the Class A-2 Principal Balance, the Class A-3 Principal Balance, the Class A-4 Principal Balance and the Pool Principal Balance with respect to each Mortgage Loan Group, as reported pursuant to subclause (xiii) below in the Remittance Report provided for the immediately preceding Distribution Date, or, in the case of the first Determination Date, the Original Class A-1 Principal Balance, the Original Class A-2 Principal Balance, the Original Class A-3 Principal Balance, the Original Class A-4 Principal Balance and the Original Pool Principal Balance with respect to each Mortgage Loan Group; (iii) with respect to the Mortgage Pool and each Mortgage Loan Group, the number and the aggregate Principal Balances of all Mortgage Loans which were the subject of Principal Prepayments during the related Prepayment Period; (iv) with respect to the Mortgage Pool and each Mortgage Loan Group, the amount of all Curtailments which were received during the related Due Period; (v) with respect to the Mortgage Pool and each Mortgage Loan Group, the aggregate amount of Advances required to be made for principal portions of all Monthly Payments received during the related Distribution DateDue Period; (vi) with respect to the Mortgage Pool and each Mortgage Loan Group, which shall be the amount of interest received on the Mortgage Loans during the related Due Period (and Prepayment Period, in the case of interest on Principal Prepayments); 113 (vii) with respect to the Mortgage Pool and each Mortgage Loan Group, the aggregate amount of Monthly Payments (the Advances made with each interest portion thereof adjusted respect to be net such Distribution Date and the aggregate amount of recoveries during the related Servicing Fee Rate)Due Period of previously made Advances; (viii) with respect to the Mortgage Pool and each Mortgage Loan Group, less the delinquency and foreclosure information set forth in the form attached hereto as Exhibit H and the amount of any Mortgage Loan Losses incurred during the related Debt Service Reductions or reductions in Due Period; (ix) the amount of interest collectable from Class A-1 Principal Balance, the Mortgagor pursuant Class A-2 Principal Balance, the Class A-3 Principal Balance and the Class A-4 Principal Balance after giving effect to the Relief Actdistribution to be made on such Distribution Date; (x) with respect to the Mortgage Pool and each Mortgage Loan Group, on the Outstanding weighted average remaining maturity and the weighted average Mortgage Interest Rate of the Mortgage Loans in each Mortgage Loan Group as of the last day of the related Due Period; (xi) the Servicing Fees paid and Servicing Fees accrued during the related Due Period; (xii) the amount of all payments or reimbursements to the Servicer pursuant to Section 5.04(ii), (iv), (v), (vi) and (vii) paid or to be paid since the prior Distribution Date (or in the case of the first Distribution Date, which Monthly Payments were delinquent since the Closing Date); (xiii) the Pool Principal Balance and aggregate Principal Balance for each Mortgage Loan Group as of the close of business as last day of the related Determination Date, provided that following Due Period (after giving effect to all Principal Prepayments during the reduction of related Prepayment Period); (xiv) such other information as the Certificate Principal Balances of the Class B Certificates to zero no Advance shall be made if it would be a Nonrecoverable Advance. On or before 3:00 P.M. New York time on each Certificate Account Deposit DateInsurer, the Master Servicer shall either NIMS Insurer and the Certificateholders may reasonably require; (ixv) deposit in the Certificate Account from its own funds, or funds received therefor from the Sub-Servicers, an amount equal amounts of Reimbursable Amounts and Nonrecoverable Advances and interest on Advances which are reimbursable to the Advances Servicer, the Transferor or the Depositor, as appropriate, pursuant to be made by Section 6.05; (xvi) with respect to the Master Servicer in respect Mortgage Pool and each Mortgage Loan Group, the number of Mortgage Loans outstanding at the beginning and at the end of the related Distribution Date, Due Period (iiafter giving effect to all Principal Prepayments received during the related Prepayment Period); (xvii) withdraw from amounts on deposit in the Custodial Account and deposit in the Certificate Account all or a portion of the amounts held for future distribution in discharge of any such Advance, or (iii) make advances in the form of any combination of (i) and (ii) aggregating the amount of such Advance. Any portion of the amounts held for future distribution so used shall be replaced by the Master Servicer by deposit in the Custodial Account on or before 12: 00 P.M. New York time on any future Certificate Account Deposit Date to the extent that funds attributable to the Mortgage Loans that are available in the Custodial Account for deposit in the Certificate Account on such Certificate Account Deposit Date shall be less than payments to Certificateholders required to be made on the following Distribution Date. The amount of any reimbursement pursuant to Section 4.01(b)(iii) in respect of outstanding Advances on any Distribution Date shall be allocated to specific Monthly Payments due but delinquent for previous Due Periods, which allocation shall be made, to the extent practicable, to Monthly Payments which have been delinquent for the longest period of time. Such allocations shall be conclusive for purposes of reimbursement to the Master Servicer from recoveries aggregate interest accrued on the Mortgage Loans pursuant at their respective Mortgage Interest Rates for the related Due Period; (xviii) the Overcollateralized Amount, the Overcollateralization Target Amount and any Overcollateralization Deficiency Amount for each Certificate Group for such Distribution Date, in each case after giving effect to Section 3.11distributions on such Distribution Date; (xix) the aggregate cumulative Mortgage Loan Losses since the Cut-off Date as of the end of the related Due Period; (xx) the Pass-Through Rate for each Class of Class A Certificates for the related Accrual Period, stating in each case whether the Pass-Through Rate equals the applicable Net Funds Cap Rate; (xxi) the aggregate amount of interest and/or principal (reported separately) to be distributed on each Class of Certificates on such Distribution Date; (xxii) the aggregate amount of Principal Prepayments made during the related Prepayment Period; and (xxiii) an itemization of each Servicing Advance made and reimbursed during the preceding Due Period, by loan number, borrower name, property address, dollar amount, date paid, date reimbursed (if applicable), and the purpose for the Servicing Advance. The determination by the Master Servicer that it has made a Nonrecoverable Advance or that any proposed Advance, if made, would constitute a Nonrecoverable Advance, shall be evidenced by a certificate of a Servicing Officer delivered Trustee will make such report available on each Distribution Date to the Seller Certificateholders and the Rating Agencies via the Trustee's website at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the Trustee at (▇▇▇) ▇▇▇-▇▇▇▇ and indicating such. The Trustee shall deposit have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all funds it receives parties regarding any such changes. The Depositor and the Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer. To the extent that there are inconsistencies between the telecopy of the Remittance Report and the hard copy thereof, the Servicer and the Trustee may rely upon the telecopy. In the case of information furnished pursuant to this Section 4.03 into the Certificate Account. subclause (c) In the event that the Master Servicer determines on the Certificate Account Deposit Date that it will be unable to deposit in the Certificate Account an amount equal to the Advance required to be made for the immediately succeeding Distribution Date in the amount determined by the Trustee pursuant to paragraph (bxxi) above, it the amounts shall give notice to the Trustee of its inability to advance (such notice may be given by telecopy), not later than 3:00 P.M., New York time, on such Business Day, specifying the portion of such amount that it will be unable to deposit. If the Master Servicer shall have determined that it is not obligated to make the entire Advance because all or expressed in a lesser portion of such Advance would not be recoverable from Insurance Proceeds, Liquidation Proceeds or otherwise, the Master Servicer shall promptly deliver to the Trustee for the benefit separate section of the Certificateholders an Officer's Certificate setting forth the reasons report as a dollar amount for the Master Servicer's determination. Not later than 5:00 P.M., New York time, on the Certificate Account Deposit Date, unless by such time the Master Servicer shall have directly or indirectly deposited in the Certificate Account the entire amount each of the Advances required to be made Class A Certificates for the related Distribution Date, pursuant to Section 7.01, the Trustee shall (a) terminate all each $1,000 original principal amount as of the rights and obligations of the Master Servicer under this Agreement in accordance with Section 7.01 and (b) assume the rights and obligations of the Master Servicer hereunder, including the obligation to deposit in the Certificate Account an amount equal to the Advance for the immediately succeeding Distribution Cut-off Date.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Eqcc Receivables Corp)

Remittance Reports. Advances by On or prior to the Master Servicer. (a) By 11:00 A.M. New York time the fifth Business Day following of each Determination Datemonth, the Master Servicer Seller shall deliver to the Trustee Purchaser in electronic format a reportremittance advice (a “Monthly Remittance Advice”) substantially in the forms attached hereto as Exhibit 14-1 and Exhibit 14-2, prepared or in such other forms as may be mutually agreed upon by the Seller and any Master Servicer, which shall include among other information, the number of days which each Loan is delinquent, and shall contain an explanation of all Servicing Advances made, the status of all Loans in foreclosure or otherwise the subject of litigation, and the status of all other collection efforts with respect to each Loan, and all realized losses detailed on a Form 332, attached as Exhibit 14-3, or in such other form as may be mutually agreed upon by the Seller and any related Master Servicer. In addition, on or prior to the fifth Business Day of each month the Seller shall furnish to Purchaser an individual loan accounting report (“Report”), as of the close last Business Day of business the prior month, in Purchaser’s assigned loan number order to document Loan payment activity on an individual Loan basis. Each Report shall contain the Determination Date following: (the "Determination Date Report"), by telecopy or in a mutually agreeable electronic format. The Determination Date Report and any written information supplemental thereto shall include such information i) with respect to the Mortgage Loans that is reasonably available to the Master Servicer and that is required by the Trustee for purposes of making the calculations referred to in the following paragrapheach Monthly Payment, as set forth in written specifications or guidelines issued by the Trustee from time to time. Not later than 2:00 P.M. New York time on the Certificate Account Deposit Date, the Trustee shall furnish by telecopy to the Master Servicer a statement (the information in such statement to be made available to Certificateholders or the Depositor by the Master Servicer on request) setting forth (i) the Available Distribution Amount, (ii) the amounts required to be withdrawn from the Custodial Account and deposited into the Certificate Account on the immediately succeeding Certificate Account Deposit Date pursuant to clause (iii) of Section 4.01 (a); and (iii) such other information with respect to the Mortgage Loans as the Trustee may reasonably require to perform the calculations necessary to make the distributions contemplated by Section 4.01 and to prepare the statements to Certificateholders contemplated by Section 4.02. The determination by the Trustee of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder. (b) Not later than 2:00 P.M. New York time on the Certificate Account Deposit Date, the Trustee shall notify the Master Servicer of the aggregate amount of Advances required to be made for the related Distribution Date, which shall be the aggregate amount of Monthly Payments (with each interest portion thereof adjusted to be net of the related Servicing Fee Rate), less the amount of any related Debt Service Reductions or reductions in the amount of interest collectable from the Mortgagor pursuant to the Relief Act, on the Outstanding Mortgage Loans as of the related Due Date, which Monthly Payments were delinquent as of the close of business as of the related Determination Date, provided that following the reduction of the Certificate Principal Balances of the Class B Certificates to zero no Advance shall be made if it would be a Nonrecoverable Advance. On or before 3:00 P.M. New York time on each Certificate Account Deposit Date, the Master Servicer shall either (i) deposit in the Certificate Account from its own funds, or funds received therefor from the Sub-Servicers, an amount equal to the Advances to be made by the Master Servicer in respect of the related Distribution Date, (ii) withdraw from amounts on deposit in the Custodial Account and deposit in the Certificate Account all or a portion of the amounts held for future distribution in discharge of any such Advance, or (iii) make advances in the form of any combination of (i) and (ii) aggregating the amount of such Advance. Any portion of the amounts held for future distribution so used shall be replaced by the Master Servicer by deposit in the Custodial Account on or before 12: 00 P.M. New York time on any future Certificate Account Deposit Date remittance allocable to the extent that funds attributable to the Mortgage Loans that are available in the Custodial Account for deposit in the Certificate Account on such Certificate Account Deposit Date shall be less than payments to Certificateholders required to be made on the following Distribution Date. The amount principal (including a separate breakdown of any reimbursement pursuant to Section 4.01(b)(iii) in respect of outstanding Advances on any Distribution Date shall be allocated to specific Monthly Payments due but delinquent for previous Due PeriodsPrincipal Prepayment, which allocation shall be made, to including the extent practicable, to Monthly Payments which have been delinquent for the longest period of time. Such allocations shall be conclusive for purposes of reimbursement to the Master Servicer from recoveries on the Mortgage Loans pursuant to Section 3.11. The determination by the Master Servicer that it has made a Nonrecoverable Advance or that any proposed Advance, if made, would constitute a Nonrecoverable Advance, shall be evidenced by a certificate of a Servicing Officer delivered to the Seller and the Trustee. The Trustee shall deposit all funds it receives pursuant to this Section 4.03 into the Certificate Account. (c) In the event that the Master Servicer determines on the Certificate Account Deposit Date that it will be unable to deposit in the Certificate Account an amount equal to the Advance required to be made for the immediately succeeding Distribution Date in the amount determined by the Trustee pursuant to paragraph (b) above, it shall give notice to the Trustee of its inability to advance (such notice may be given by telecopy), not later than 3:00 P.M., New York time, on such Business Day, specifying the portion date of such amount that it will be unable to deposit. If the Master Servicer shall have determined that it is not obligated to make the entire Advance because all or prepayment, and any prepayment penalties, along with a lesser portion detailed report of such Advance would not be recoverable from Insurance Proceeds, Liquidation Proceeds or otherwise, the Master Servicer shall promptly deliver to the Trustee for the benefit of the Certificateholders an Officer's Certificate setting forth the reasons for the Master Servicer's determination. Not later than 5:00 P.M., New York time, interest on the Certificate Account Deposit Date, unless by such time the Master Servicer shall have directly or indirectly deposited in the Certificate Account the entire amount of the Advances required to be made for the related Distribution Date, pursuant to Section 7.01, the Trustee shall (a) terminate all of the rights and obligations of the Master Servicer under this Agreement Principal Prepayment amounts remitted in accordance with Section 7.01 11.14 of this Servicing Addendum); (ii) with respect to each Monthly Payment, the amount of such remittance allocable to interest; (iii) the amount of servicing compensation received by the Seller during the prior distribution period; (iv) the aggregate Stated Principal Balance of the Loans; (v) the aggregate of any expenses reimbursed to the Seller during the prior distribution period pursuant to Section 11.05 or 11.07 of this Servicing Addendum; (vi) the number and aggregate outstanding principal balances of Loans (a) delinquent (1) 30 to 59 days, (2) 60 to 89 days, (3) 90 days or more; (b) assume as to which foreclosure has commenced; (c) as to which REO Property has been acquired; (d) in bankruptcy and (e) which have become charged off Loans; (vii) the rights and obligations unpaid principal balance of each Loan; (viii) the Master Servicer hereundercurrent Due Date of each Loan; and (ix) any such other related information as reasonably requested by the Purchaser. The Seller shall also provide a trial balance, including the obligation to deposit sorted in the Certificate Account an amount equal to the Advance for the immediately succeeding Distribution DatePurchaser's assigned loan number order with each such Report.

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Sources: Master Loan Purchase and Servicing Agreement (MASTR Alternative Loan Trust 2007-1)