Common use of Servicing Compensation; Payment of Certain Expenses by Servicer Clause in Contracts

Servicing Compensation; Payment of Certain Expenses by Servicer. Subject to Section 5.02, the Servicer shall be entitled to retain the Servicing Fee in accordance with Section 3.02 as compensation for its services in connection with servicing the Mortgage Loans. Moreover, additional servicing compensation in the form of prepayment penalties or late payment charges or other receipts not required to be deposited in the Collection Account, including, without limitation, Foreclosure Profits and, subject to Section 5.05, investment income on the Accounts (other than the Initial Interest Coverage Account) shall be retained by the Servicer. The Servicer shall be required to pay all expenses incurred by it in connection with its activities hereunder (including payment of all other fees and expenses not expressly stated hereunder to be for the account of the Trust or the Certificateholders) and shall not be entitled to reimbursement therefor except as specifically provided herein.

Appears in 9 contracts

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

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Servicing Compensation; Payment of Certain Expenses by Servicer. Subject to Section 5.02, the The Servicer shall be entitled to retain the Servicing Fee in accordance with Section 3.02 as compensation for its services in connection with servicing the Mortgage Loans. Moreover, additional servicing compensation in the form of prepayment penalties or late payment charges or other receipts not required to be deposited in considered interest or principal payments under the Collection Account, including, without limitation, Mortgage Notes and Foreclosure Profits and, subject to Section 5.05, investment income on the Accounts (other than the Initial Interest Coverage Account) shall be retained by the Servicer. The Servicer shall be required to pay all expenses incurred by it in connection with its activities hereunder (including payment of all other fees and expenses not expressly stated hereunder to be for the account of the Trust or the CertificateholdersTrust) and shall not be entitled to reimbursement therefor except as specifically provided herein.

Appears in 6 contracts

Samples: Sale and Servicing Agreement (Indymac MBS Inc), Sale and Servicing Agreement (IndyMac Home Equity Mortgage Loan Asset-Backed Trust, Series 2007-H1), Sale and Servicing Agreement (IndyMac Home Equity Mortgage Loan Asset-Backed Trust, Series 2006-H2)

Servicing Compensation; Payment of Certain Expenses by Servicer. Subject to Section 5.02, the The Servicer shall be entitled to retain receive the Servicing Fee in accordance with Section 3.02 as compensation for its services in connection with servicing the Mortgage Home Equity Loans. MoreoverThe Servicing Fee for each Collection Period shall be paid to the Servicer out of Interest Collections prior to their deposit in the Collection Account and shall not be the responsibility or liability of the Trust, additional the Trustee, the Administrator or the Class A or Class M Certificateholders. Additional servicing compensation in the form of prepayment penalties or late payment charges or other receipts not required to be deposited in the Collection Account, including, without limitation, Foreclosure Profits and, subject to Section 5.05, investment income on the Accounts (other than the Initial Interest Coverage Account) Account shall be retained by the Servicer. The Servicer shall be required to pay all expenses incurred by it in connection with its activities hereunder (including payment of Trustee fees, Administrator fees and all other fees and expenses not expressly stated hereunder to be for the account of the Trust or the Certificateholders) and shall not be entitled to reimbursement therefor except as specifically provided herein.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (HSBC Home Equity Loan Trust (USA) 2007-1), Pooling and Servicing Agreement (HSBC Home Equity Loan Trust (USA) 2007-3), Pooling and Servicing Agreement (HSBC Home Equity Loan Trust (USA) 2006-4)

Servicing Compensation; Payment of Certain Expenses by Servicer. Subject to Section 5.02, the Servicer shall be entitled to retain the Servicing Fee in accordance with Section 3.02 as compensation for its services in connection with servicing the Mortgage Loans. Moreover, additional servicing compensation in the form of prepayment penalties or late payment charges or other receipts not required to be deposited in the Collection Account, including, without limitation, Foreclosure Profits Profits, Ancillary Income and, subject to Section 5.05, investment income on the Accounts (other than Collection Account and the Initial Interest Coverage Account) Distribution Account shall be additional servicing compensation and retained by the Servicer. The Servicer shall be required to pay all expenses incurred by it in connection with its activities hereunder (including payment of all other fees and expenses not expressly stated hereunder to be for the account of the Trust or the Certificateholders) and shall not be entitled to reimbursement therefor except as specifically provided herein.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Renaissance Home Equity Loan Trust 2007-3), Pooling and Servicing Agreement (Renaissance Home Equity Loan Trust 2004-2), Pooling and Servicing Agreement (Renaissance Home Equity Loan Trust 2004-4)

Servicing Compensation; Payment of Certain Expenses by Servicer. Subject to Section 5.02, the The Servicer shall be entitled to retain the Servicing Fee in accordance with Section 3.02 as compensation for its services in connection with servicing the Mortgage Loans. Moreover, additional servicing compensation in the form of prepayment penalties or late payment charges or other receipts not required to be deposited in considered interest or principal payments under the Collection Account, including, without limitationMortgage Notes, Foreclosure Profits and, subject to Section 5.053.02(b) above (except as noted in Section 5.06(e) below), investment income on the Accounts (other than Collection Account or the Initial Interest Coverage Account) Distribution Account shall be retained by the Servicer. The Servicer shall be required to pay all expenses incurred by it in connection with its activities hereunder (including payment of all other fees and expenses not expressly stated hereunder to be for the account of the Trust or the CertificateholdersTrust) and shall not be entitled to reimbursement therefor except as specifically provided herein.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Terwin Securitization LLC), Sale and Servicing Agreement (First Horizon Asset Securities Inc)

Servicing Compensation; Payment of Certain Expenses by Servicer. Subject to Section 5.02, 5.07 herein the Servicer shall be entitled to retain the Servicing Fee in accordance with Section 3.02 as compensation for its services in connection with servicing the Mortgage Loans. Moreover, additional servicing compensation in the form of prepayment penalties or late payment charges or other receipts not required to be deposited in the Collection Account, including, without limitation, Foreclosure Profits and, subject to Section 5.053.02(b) above, investment income on the Accounts (other than Collection Account or the Initial Interest Coverage Account) Distribution Account shall be retained by the Servicer. The Servicer shall be required to pay all expenses incurred by it in connection with its activities hereunder (including payment of all other fees and expenses not expressly stated hereunder to be for the account of the Trust or the CertificateholdersTrust) and shall not be entitled to reimbursement therefor except as specifically provided herein.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Fleet Home Equity Loan Corp), Sale and Servicing Agreement (Bond Securitization LLC)

Servicing Compensation; Payment of Certain Expenses by Servicer. Subject to Section 5.02, the Servicer shall be entitled to retain the Servicing Fee in accordance with Section 3.02 as compensation for its services in connection with servicing the Mortgage Loans. Moreover, additional servicing compensation in the form of prepayment penalties or late payment charges or other receipts not required to be deposited in the Collection Account, including, without limitation, Foreclosure Profits and, subject to Section 5.05, investment income on the Accounts (other than the Initial Interest Coverage Account and the Distribution Account) shall be retained by the Servicer. The Servicer shall be required to pay all expenses incurred by it in connection with its activities hereunder (including payment of all other fees and expenses not expressly stated hereunder to be for the account of the Trust or the Certificateholders) and shall not be entitled to reimbursement therefor except as specifically provided herein.

Appears in 2 contracts

Samples: Custodial Agreement (Delta Funding Home Equity Loan Tr 1999-2 Home Equ Loan Ass B), Custodial Agreement (Delta Funding Home Equity Loan Tr 99-3 Home Eq as Bk Se 99-3)

Servicing Compensation; Payment of Certain Expenses by Servicer. Subject to Section 5.02, the Servicer shall be entitled to retain the Servicing Fee in accordance with Section 3.02 as compensation for its services in connection with servicing the Mortgage Loans. Moreover, additional servicing compensation in the form of prepayment penalties or charges, late payment charges or other receipts not required to be deposited in the Collection Account, including, without limitation, Foreclosure Profits and, subject to Section 5.05, investment income on the Accounts (other than Collection Account and the Initial Interest Coverage Account) Distribution Account shall be additional servicing compensation and retained by the Servicer. The Servicer shall be required to pay all expenses incurred by it in connection with its activities hereunder (including payment of all other fees and expenses not expressly stated hereunder to be for the account of the Trust or the Certificateholders) and shall not be entitled to reimbursement therefor except as specifically provided herein.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Renaissance Mortgage Acceptance Corp), Custodial Agreement (Delta Funding Corp /De/)

Servicing Compensation; Payment of Certain Expenses by Servicer. Subject to Section 5.02, the The Servicer shall be entitled to retain receive the Servicing Fee in accordance with Section 3.02 as compensation for its services in connection with servicing the Mortgage LoansReceivables. Moreover, additional servicing compensation in the form of prepayment penalties or penalties, late payment charges, bad check charges or assumption fees or other receipts not required to be deposited in the Collection Note Account, including, without limitation, Foreclosure Profits and, subject to Section 5.054.2(b), investment income on the Accounts (other than the Initial Interest Coverage Account) Note Account shall be retained by the Servicer. The Servicer shall be required to pay all expenses incurred by it in connection with its activities hereunder (including payment of all other fees and expenses not expressly stated hereunder to be for the account of the Trust Issuer or the CertificateholdersOwners) and shall not be entitled to reimbursement therefor except as specifically provided herein.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Oakwood Homes Corp), Sale and Servicing Agreement (Oakwood Homes Corp)

Servicing Compensation; Payment of Certain Expenses by Servicer. Subject to Section 5.02, the The Servicer shall be entitled to retain receive the Servicing Fee in accordance with Section 3.02 as compensation for its services in connection with servicing the Mortgage Home Equity Loans. MoreoverThe Servicing Fee for each Collection Period shall be paid to the Servicer out of Interest Collections prior to their deposit in the Collection Account and shall not be the responsibility or liability of the Trust, additional the Trustee, the Administrator or the Class [A] or Class [IO] Certificateholders. Additional servicing compensation in the form of prepayment penalties or late payment charges or other receipts not required to be deposited in the Collection Account, including, without limitation, Foreclosure Profits and, subject to Section 5.05, investment income on the Accounts (other than the Initial Interest Coverage Account) Account shall be retained by the Servicer. The Servicer shall be required to pay all expenses incurred by it in connection with its activities hereunder (including payment of Trustee fees, Administrator fees and all other fees and expenses not expressly stated hereunder to be for the account of the Trust or the Certificateholders) and shall not be entitled to reimbursement therefor except as specifically provided herein.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (HSBC Home Equity Loan Corp I), Pooling and Servicing Agreement (HSBC Home Equity Loan Corp I)

Servicing Compensation; Payment of Certain Expenses by Servicer. Subject to Section 5.02, the Servicer shall be entitled to retain the Servicing Fee in accordance with Section 3.02 as compensation for its services in connection with servicing the Mortgage Loans. Moreover, additional servicing compensation in the form of prepayment penalties or late payment charges or other receipts not required to be deposited in the Collection Account, including, without limitation, Foreclosure Profits and, subject to Section 5.053.02(b), investment income on the Accounts (other than the Initial Interest Coverage Account) Collection Account shall be retained by the Servicer. The Servicer shall be required to pay all expenses incurred by it in connection with its activities hereunder (including payment of all other fees and expenses not expressly stated hereunder to be for the account of the Trust or the Certificateholders) and shall not be entitled to reimbursement therefor except as specifically provided herein.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc)

Servicing Compensation; Payment of Certain Expenses by Servicer. Subject to Section 5.02, the The Servicer shall be entitled to retain the Servicing Fee in accordance with Section 3.02 as compensation for its services in connection with servicing the Mortgage Loans. Moreover, additional servicing compensation in the form of prepayment penalties or late payment charges or other receipts not required to be deposited in considered interest or principal payments under the Collection Account, including, without limitationMortgage Notes, Foreclosure Profits and, subject to Section 5.053.02(b) above (except as noted in Section 5.06(e) below), investment income on the Accounts (other than the Initial Interest Coverage Account) Collection Account shall be retained by the Servicer. The Servicer shall be required to pay all expenses incurred by it in connection with its activities hereunder (including payment of all other fees and expenses not expressly stated hereunder to be for the account of the Trust or the CertificateholdersTrust) and shall not be entitled to reimbursement therefor except as specifically provided herein.

Appears in 1 contract

Samples: Sale and Servicing Agreement (First Horizon Asset Securities Inc)

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Servicing Compensation; Payment of Certain Expenses by Servicer. Subject to Section 5.02, the The Servicer shall be entitled to retain receive the Servicing Fee in accordance with Section 3.02 as compensation for its services in connection with servicing the Mortgage LoansHELOCs. Moreover, additional servicing compensation in the form of prepayment penalties or income and gain from any investment of funds in the Custodial Account and the Payment Account, late payment charges charges, early termination fees, assumption fees or other receipts not required to be deposited in the Collection Account, including, without limitation, Foreclosure Profits and, subject to Section 5.05, investment income on the Accounts Custodial Account (other than the Initial Interest Coverage Accountforeclosure profits) shall be retained by the Servicer. In addition, the Servicer may be entitled to certain income and gain from funds in the Payment Account pursuant to Section 4.01(c) of this Agreement. The Servicer shall be required to pay all expenses incurred by it in connection with its activities hereunder (including payment of all other fees and expenses not expressly stated hereunder to be for the account of the Trust or Noteholders and the Certificateholders) and shall not be entitled to reimbursement therefor except as specifically provided herein.

Appears in 1 contract

Samples: Sale and Servicing Agreement (GSR Trust 2007-Hel1)

Servicing Compensation; Payment of Certain Expenses by Servicer. Subject to Section 5.02, the Servicer shall be entitled to retain the Servicing Fee in accordance with Section 3.02 as compensation for its services in connection with servicing the Mortgage Loans. Moreover, additional servicing compensation in the form of prepayment penalties or late payment charges or other receipts not required to be deposited in the Collection Account, including, without limitation, Foreclosure Profits and, subject to Section 5.05, investment income on the Accounts (other than Collection Account and the Initial Interest Coverage Account) Distribution Account shall be retained by the Servicer. The Servicer shall be required to pay all expenses incurred by it in connection with its activities hereunder (including payment of all other fees and expenses not expressly stated hereunder to be for the account of the Trust or the Certificateholders) and shall not be entitled to reimbursement therefor except as specifically provided herein.

Appears in 1 contract

Samples: Custodial Agreement (Delta Funding Corp /De/)

Servicing Compensation; Payment of Certain Expenses by Servicer. Subject to Section 5.02, the The Servicer shall be entitled to retain the Servicing Fee in accordance with Section 3.02 as compensation for its services in connection with servicing the Mortgage Loans. Moreover, additional servicing compensation in the form of prepayment penalties or late payment charges or other receipts not required to be deposited in considered interest or principal payments under the Collection Account, including, without limitationMortgage Notes, Foreclosure Profits and, subject to Section 5.053.02(b) above (except as noted in Section 5.08(d) below), investment income on the Accounts (other than Collection Account or the Initial Interest Coverage Account) Reinvestment Account shall be retained by the Servicer. The Servicer shall be required to pay all expenses incurred by it in connection with its activities hereunder (including payment of all other fees and expenses not expressly stated hereunder to be for the account of the Trust or the CertificateholdersTrust) and shall not be entitled to reimbursement therefor except as specifically provided herein. In addition, the Servicer shall be entitled to any Prepayment Interest Excess, which it may withdraw from the Collection Account pursuant to Section 3.03(x).

Appears in 1 contract

Samples: Sale and Servicing Agreement (Indymac Abs Inc)

Servicing Compensation; Payment of Certain Expenses by Servicer. Subject to Section 5.02, the Servicer shall be entitled to retain the Servicing Fee in accordance with Section 3.02 as compensation for its services in connection with servicing the Mortgage Loans. Moreover, additional servicing compensation in the form of prepayment penalties or and other charges, late payment charges or other receipts not required to be deposited in the Collection Account, including, without limitation, Foreclosure Profits and, subject to Section 5.05, investment income on the Accounts (other than Collection Account and the Initial Interest Coverage Account) Distribution Account shall be retained by the Servicer. The Servicer shall be required to pay all expenses incurred by it in connection with its activities hereunder (including payment of all other fees and expenses not expressly stated hereunder to be for the account of the Trust or the Certificateholders) and shall not be entitled to reimbursement therefor except as specifically provided herein.

Appears in 1 contract

Samples: Custodial Agreement (Delta Funding Corp /De/)

Servicing Compensation; Payment of Certain Expenses by Servicer. Subject to Section 5.023.21, the Servicer shall be entitled to retain the Servicing Fee in accordance with Section 3.02 as compensation for its services in connection with servicing the Mortgage Loans. Moreover, additional servicing compensation in the form of prepayment penalties or penalties, late payment charges, bad check charges or assumption fees, any Net Simple Interest Excess for the related Due Period or other receipts not required to be deposited in the Collection Account, including, without limitation, Foreclosure Profits and, subject to Section 5.055.05(e), investment income on the Accounts (other than the Initial Interest Coverage Account) Collection Account shall be retained by the Servicer. The Servicer shall be required to pay all expenses incurred by it in connection with its activities hereunder (including payment of all other fees and expenses not expressly stated hereunder to be for the account of the Trust or the Certificateholders) and shall not be entitled to reimbursement therefor except as specifically provided herein.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Fleet Home Equity Loan Corp)

Servicing Compensation; Payment of Certain Expenses by Servicer. Subject to Section 5.02, the Servicer shall be entitled to retain the Servicing Fee in accordance with Section 3.02 as compensation for its services in connection with servicing the Mortgage Loans. Moreover, additional servicing compensation in the form of prepayment penalties or compensation, late payment charges or other receipts not required to be deposited in the Collection Account, including, without limitation, Foreclosure Profits and, subject to Section 5.05, investment income on the Accounts (other than Collection Account and the Initial Interest Coverage Account) Distribution Account shall be retained by the Servicer. The Servicer shall be required to pay all expenses incurred by it in connection with its activities hereunder (including payment of all other fees and expenses not expressly stated hereunder to be for the account of the Trust or the Certificateholders) and shall not be entitled to reimbursement therefor except as specifically provided herein.

Appears in 1 contract

Samples: Custodial Agreement (Delta Funding Home Equity Loan Trust 2000-4)

Servicing Compensation; Payment of Certain Expenses by Servicer. Subject to Section 5.02, the Servicer shall be entitled to retain the Servicing Fee in accordance with Section 3.02 as compensation for its services in connection with servicing the Mortgage Loans. Moreover, additional servicing compensation in the form of prepayment penalties or compensation, late payment charges or other receipts not required to be deposited in the Collection Account, including, without limitation, Foreclosure Profits and, subject to Section 5.05, investment income on the Accounts (other than the Initial Interest Coverage Account) Collection Account shall be retained by the Servicer. The Servicer shall be required to pay all expenses incurred by it in connection with its activities hereunder (including payment of all other fees and expenses not expressly stated hereunder to be for the account of the Trust or the Certificateholders) and shall not be entitled to reimbursement therefor except as specifically provided herein.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Financial Asset Se Cp Soundview Hm Eq Ln as Bk Cer Se 2001-1)

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