Common use of Advances by the Servicer Clause in Contracts

Advances by the Servicer. If, on any Determination Date, the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in an amount equal to the amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.03, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any funds being held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the Collection Account on or before any subsequent Distribution Date to the extent that funds in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 44 contracts

Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Corp), Pooling and Servicing Agreement (Chase Mortgage Finance Corp), Pooling and Servicing Agreement (Chase Manhattan Acceptance Corp /De/)

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Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a "P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance"), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.16, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such AdvanceP&I Advances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any The Servicer's obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan; provided, however, that such Advance obligation shall cease (i) for any Mortgage Loan and on any Remittance Date that the distribution of all Liquidation Proceeds and other payments or recoveries (including Insurance Proceeds and Condemnation Proceeds) occurs with respect to such Mortgage Loan or (ii) if the Servicer, in its good faith judgment, determines that P&I Advances would not be recoverable pursuant to Subsection 11.05(d). The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer's Certificate of the distribution Servicer, delivered to the Certificateholders on Purchaser, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 27 contracts

Samples: Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-11), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-1ar), Indemnification and Contribution Agreement (Morgan Stanley Mortgage Loan Trust 2006-12xs)

Advances by the Servicer. If, on any Determination Date, the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before two Business Days prior to the related Distribution Date in an amount equal to the amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to two Business Days prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.03, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any funds being held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the Collection Account on or before any subsequent Distribution Date to the extent that funds in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, the Paying Agent and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 22 contracts

Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Trust Series 2007-S6), Pooling and Servicing Agreement (Chase Mortgage Finance Trust Series 2007-S5), Pooling and Servicing Agreement (Chase Mortgage Finance Trust Series 2007-A3)

Advances by the Servicer. If, on any Determination Date, the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before two Business Days prior to the related Distribution Date in an amount equal to the amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to two Business Days prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.03, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any funds being held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the Collection Account on or before any subsequent Distribution Date to the extent that funds in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, the Paying Agent and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09. If on any Distribution Date, the Servicer has not made any Advance due on such Distribution Date, the Backup Advancer shall make such Advance on such Distribution Date. The Backup Advancer shall be entitled to reimbursement for any Advances it has made in the same manner as the Servicer is entitled to reimbursement for Advances as set forth in this Agreement. Additionally, the Servicer shall, from its own funds, compensate the Backup Advancer for any Advance required to be made by the Backup Advancer at the current "prime" lending rate of Chase plus 2.00% per annum from the date such Advance was made up to the date the Backup Advancer is reimbursed.

Appears in 18 contracts

Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Corp), Pooling and Servicing Agreement (Chase Mortgage Finance Corp), Pooling and Servicing Agreement (Chase Mortgage Finance Corp)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a “P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance”), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.16, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such AdvanceP&I Advances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any The Servicer’s obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan; provided, however, that such Advance obligation shall cease (i) for any Mortgage Loan and on any Remittance Date that the distribution of all Liquidation Proceeds and other payments or recoveries (including Insurance Proceeds and Condemnation Proceeds) occurs with respect to such Mortgage Loan or (ii) if the Servicer, in its good faith judgment, determines that P&I Advances would not be recoverable pursuant to Subsection 11.05(d). The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer’s Certificate of the distribution Servicer, delivered to the Certificateholders on Purchaser, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 14 contracts

Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax), Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a "P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance"), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.17, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any The Servicer's obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan; provided, however, that such Advance obligation shall cease if the Servicer, in its good faith judgment, determines that such P&I Advances would not be recoverable pursuant to Subsection 11.05(d). The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer's Certificate of the distribution Servicer, delivered to the Certificateholders on Purchaser, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 7 contracts

Samples: Mortgage Loan Sale and Servicing Agreement (Structured Asset Sec Mort Pass Thru Cert Ser 2002-21a), Mortgage Loan Sale and Servicing Agreement (Structured Asset Securities Corp Mor Pas THR Cer Se 2002-1a), Sale and Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Cert Ser 2002 5a)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each related Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a “P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance”), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.17, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any The Servicer’s obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last related Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan; provided, however, that such Advance obligation shall cease if the Servicer, in its good faith judgment, determines that such P&I Advances would not be recoverable pursuant to Subsection 11.05(d). The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer’s Certificate of the distribution Servicer, delivered to the Certificateholders on Purchaser, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled not have any obligation to be reimbursed from advance amounts in respect of shortfalls relating to the Collection Account for all Advances Servicemembers Civil Relief Act and Nonrecoverable Advances as provided in Section 5.09similar state and local laws.

Appears in 7 contracts

Samples: Flow Mortgage Loan Sale and Servicing Agreement (Sequoia Mortgage Trust 2013-3), Flow Mortgage Loan Sale and Servicing Agreement (Sequoia Mortgage Trust 2013-1), Flow Mortgage Loan Sale and Servicing Agreement (Sequoia Mortgage Trust 2012-4)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each related Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a “P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance”), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.17, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Owner required to be made to Certificateholders on such Distribution Remittance Date. Any The Servicer’s obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last related Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan; provided, however, that such Advance obligation shall cease if the Servicer, in its good faith judgment, determines that such P&I Advances would not be recoverable pursuant to Subsection 11.05(d). The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer’s Certificate of the distribution Servicer, delivered to the Certificateholders on Owner, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled not have any obligation to be reimbursed from advance amounts in respect of shortfalls relating to the Collection Account for all Advances Service members Civil Relief Act and Nonrecoverable Advances as provided in Section 5.09similar state and local laws.

Appears in 4 contracts

Samples: Flow Mortgage Loan Servicing Rights Sale and Servicing Agreement (Sequoia Mortgage Trust 2012-1), Flow Mortgage Loan Servicing Rights Sale and Servicing Agreement (Sequoia Mortgage Trust 2011-2), Assignment, Assumption and Recognition Agreement (Sequoia Mortgage Trust 2011-2)

Advances by the Servicer. If, on any Determination On each Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a “P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance”), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.16, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such AdvanceP&I Advances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any The Servicer’s obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan; provided, however, that such Advance obligation shall cease (i) for any Mortgage Loan and on any Remittance Date that the distribution of all Liquidation Proceeds and other payments or recoveries (including Insurance Proceeds and Condemnation Proceeds) occurs with respect to such Mortgage Loan or (ii) if the Servicer, in its good faith judgment, determines that P&I Advances would not be recoverable pursuant to Subsection 11.05(d). The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer’s Certificate of the distribution Servicer, delivered to the Certificateholders on Purchaser, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 4 contracts

Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-13), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each related Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a "P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance"), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.17, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any The Servicer's obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last related Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan; provided, however, that such Advance obligation shall cease if the Servicer, in its good faith judgment, determines that such P&I Advances would not be recoverable pursuant to Subsection 11.05(d). The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer's Certificate of the distribution Servicer, delivered to the Certificateholders on Purchaser, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2004-14), Sale and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust), Sale and Servicing Agreement (Lehman Sarm 2005-5)

Advances by the Servicer. IfThe Servicer shall deposit in the related Collection Account at the time described below an amount equal to with respect to the Mortgage Loans, all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate and Credit Risk Manager Fee Rate) which were due on the related Mortgage Loans during the applicable Collection Period; provided however, that with respect to any Determination DateBalloon Loan that is delinquent on its maturity date, the Servicer will not be required to advance the related balloon payment but will be required to continue to make advances in accordance with this Section 4.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the original amortization schedule for that Mortgage Loan (with interest at the Mortgage Rate less the Servicing Fee Rate). The Servicer’s obligation to make such Advances as to any related Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such Mortgage Loan, or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to the terms of this Agreement. The Servicer shall not be required to advance shortfalls of principal or interest resulting from the application of the Relief Act. The Servicer shall be obligated to make Advances with respect to those Mortgage Loans serviced by it in accordance with the provisions of this Agreement; provided however, that such obligation with respect to any related Mortgage Loan shall cease if the Servicer determines, in its sole discretion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been receivedsuch Advances are Nonrecoverable Advances, the Servicer shall, unless it determines in its sole discretion that shall provide the Trustee with a certificate signed by a Servicing Officer evidencing such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make determination. If an Advance on or before the related Distribution Date in an amount equal is required to the amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03be made hereunder, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution the applicable Servicer Remittance Date immediately following the Determination Date either (i) deposit in the related Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the such Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.034.01, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent the next Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09due.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (CSFB Mortgage Sec Corp Home Eq Pass THR Certs Ser 2003-1), Pooling and Servicing Agreement (Credit Suisse First Boston Mor Acc Cor Ho Eq Asset Tr 2002-5), Pooling and Servicing Agreement (CSFB Mortgage Sec Corp Hm Equ Pass THR Cert Ser 2003-2)

Advances by the Servicer. If, The Servicer shall deposit in the Collection Account an amount equal to all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate) which were due on any the related Mortgage Loans during the applicable Due Period and which were delinquent at the close of business on the immediately preceding Determination Date. The Servicer's obligation to make such Advances as to any related Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such Mortgage Loan, or through the date that the related Mortgaged Property has, in the judgment of the Servicer, been completely liquidated. The Servicer shall be obligated to make Advances in accordance with the provisions of this Agreement; provided however, that such obligation with respect to any related Mortgage Loan shall cease if the Servicer determines, in its reasonable opinion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been receivedsuch advances are Nonrecoverable Advances, the Servicer shall, unless it determines in its sole discretion that shall provide the Trustee and the Certificate Insurer with a certificate signed by a Servicing Officer evidencing such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make determination. If an Advance is required to be made hereunder, the Servicer shall on or before the second Business Day immediately preceding the Distribution Date immediately following the related Distribution Date in an amount equal to the amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Determination Date either (i) deposit in the Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.034.01, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent future Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09due.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (DLJ Mortgage Acceptance Corp), Custodial Agreement (DLJ Mortgage Acceptance Corp), Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a “P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance”), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.17, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any The Servicer’s obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan; provided, however, that such Advance obligation shall cease if the Servicer, in its good faith judgment, determines that such P&I Advances would not be recoverable pursuant to Subsection 11.05(d). The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer’s Certificate of the distribution Servicer, delivered to the Certificateholders on Purchaser, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 3 contracts

Samples: Reconstituted Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-24), Sale and Servicing Agreement (Structured Asset Securities Co Mor Pass-THR Cer Ser 2002-19), Mortgage Loan Sale and Servicing Agreement (Structured Asset Securities Corp Mor Pa Th Ce Se 2002 23xs)

Advances by the Servicer. IfEach Servicer shall deposit in a Collection Account an amount equal to all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate) which were due but not received on the related Mortgage Loans during the applicable Due Period; provided however, that with respect to any Balloon Loan that is delinquent on any Determination Dateits maturity date, the related Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before required to advance the related Distribution Date balloon payment but will be required to continue to make Advances in accordance with this Section 4.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the amount original amortization schedule for that Mortgage Loan (with interest at the Mortgage Rate less the Servicing Fee Rate). Each Servicer’s obligation to make such Advances as to any related Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such Mortgage Loan, or through the date that the related Mortgaged Property has, in the judgment of such Servicer, been completely liquidated; provided however, that such obligation with respect to any related Mortgage Loan shall cease if such Servicer determines, in its reasonable opinion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances; provided that the related Servicer will be required to make Advances until the earlier of (i) the time at which the related Mortgage Loan becomes 120 days delinquent Monthly Paymentsor (ii) the time at which the related Servicer determines that such Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that such Servicer determines that any such Advances are Nonrecoverable Advances, after adjustment of any delinquent interest payment for such Servicer shall provide the Trustee with a certificate signed by a Servicing FeeOfficer evidencing such determination. For purposes of this Section 6.03If an Advance is required to be made hereunder, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the related Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such the second Business Day immediately preceding the Distribution Date immediately following the related Determination Date either (i) deposit in the Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.034.01, used by the related Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the related Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent future Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determinationdue. The related Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances of its own funds made pursuant to this Section as provided in Section 5.093.08.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (CSFB Home Equity Mortgage Trust 2005-3), Custodial Agreement (Home Equity Mortgage Trust 2005-5), Custodial Agreement (Home Equity Mortgage Trust 2005-5)

Advances by the Servicer. IfEach Servicer shall deposit in a Collection Account an amount equal to all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate) which were due but not received on the related Mortgage Loans during the applicable Due Period; provided however, that with respect to any Balloon Loan that is delinquent on any Determination Dateits maturity date, the related Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before required to advance the related Distribution Date balloon payment but will be required to continue to make Advances in accordance with this Section 4.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the original amortization schedule for that Mortgage Loan (with interest at the Mortgage Rate less the Servicing Fee Rate). The related Servicer will not be required, however, to make any Advances with respect to reductions in the amount of the Scheduled Payments on the Mortgage Loans due to bankruptcy proceedings or the application of the Relief Act. Each Servicer’s obligation to make such Advances as to any related Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such Mortgage Loan, or through the date that the related Mortgaged Property has, in the judgment of such Servicer, been completely liquidated; provided however, that such obligation with respect to any related Mortgage Loan shall cease if such Servicer determines, in its reasonable opinion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances; provided that the related Servicer will be required to make Advances until the earlier of (i) the time at which the related Mortgage Loan becomes 120 days delinquent Monthly Paymentsor (ii) the time at which the related Servicer determines that such Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that such Servicer determines that any such Advances are Nonrecoverable Advances, after adjustment of any delinquent interest payment for such Servicer shall provide the Trustee with a certificate signed by a Servicing FeeOfficer evidencing such determination. For purposes of this Section 6.03If an Advance is required to be made hereunder, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the related Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such the second Business Day immediately preceding the Distribution Date immediately following the related Determination Date either (i) deposit in the Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.034.01, used by the related Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the related Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent future Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determinationdue. The related Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances of its own funds made pursuant to this Section as provided in Section 5.093.08.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Home Equity Mortgage Pass-Through Certificates, Series 2006-4), Pooling and Servicing Agreement (Home Equity Mortgage Trust 2006-5), Custodial Agreement (Home Equity Mortgage Pass-Through Certificates, Series 2006-3)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each related Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a "P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance"), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.17, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any The Servicer's obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last related Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan; provided, however, that such Advance obligation shall cease if the Servicer, in its good faith judgment, determines that such P&I Advances would not be recoverable pursuant to Subsection 11.05(d). The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer's Certificate of the distribution Servicer, delivered to the Certificateholders on Purchaser, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled not have any obligation to be reimbursed from advance amounts in respect of shortfalls relating to the Collection Account for all Advances Servicemembers Civil Relief Act and Nonrecoverable Advances as provided in Section 5.09similar state and local laws.

Appears in 3 contracts

Samples: Mortgage Loan Sale and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-21), Mortgage Loan Sale and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-18), Sale and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-17)

Advances by the Servicer. IfThe Servicer shall deposit in the related Collection Account at the time described below an amount equal to (i) with respect to the Mortgage Loans other than the Simple Interest Mortgage Loans, all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate) which were due on any the related Mortgage Loans during the applicable Due Period and (ii) with respect to the Simple Interest Mortgage Loans, 30 day's interest on each such Mortgage Loan, less the Servicing Fee, which were delinquent at the close of business on the immediately preceding Determination Date; provided however, that with respect to any Balloon Loan that is delinquent on its maturity date, the related Servicer will not be required to advance the related balloon payment but will be required to continue to make advances in accordance with this Section 4.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the original amortization schedule for that Mortgage Loan (with interest at the Mortgage Rate less the Servicing Fee Rate). The Servicer's obligation to make such Advances as to any related Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such Mortgage Loan, or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to the terms of this Agreement. To the extent required by Accepted Servicing Practices, the Servicer shall be obligated to make Advances with respect to those Mortgage Loans serviced by it in accordance with the provisions of this Agreement; provided however, that such obligation with respect to any related Mortgage Loan shall cease if the Servicer determines, in its sole discretion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been receivedsuch advances are Nonrecoverable Advances, the Servicer shall, unless it determines in its sole discretion that shall provide the Trustee with a certificate signed by a Servicing Officer evidencing such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make determination. If an Advance on or before the related Distribution Date in an amount equal is required to the amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03be made hereunder, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution the applicable Servicer Remittance Date immediately following the Determination Date either (i) deposit in the related Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the such Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.034.01, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent future Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09due.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (CSFB Mortgage Pass Through Certificates Series 2001-He16), Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp), Pooling and Servicing Agreement (CSFB Abs Trust Series 2001 He12)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a “P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance”), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.0311.17, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any such Advance Notwithstanding the foregoing, the Servicer shall not be permitted to make any advances from amounts held for future distribution, and instead shall be included with required to make all advances from its own funds, unless the Servicer, its parent, or their respective successors hereunder shall have a long-term credit rating of at least “A” by Fitch, Inc., or the equivalent rating of another Rating Agency. The Servicer’s obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan; provided, however, that such obligation shall cease if the Servicer, in its good faith judgment, determines that such P&I Advances would not be recoverable pursuant to Section 11.05(d). The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be evidenced by an Officer’s Certificate of the Servicer, delivered to the Certificateholders on Purchaser, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled not have any obligation to be reimbursed from advance amounts in respect of shortfalls relating to the Collection Account for all Advances Servicemembers Civil Relief Act and Nonrecoverable Advances as provided in Section 5.09similar state and local laws.

Appears in 2 contracts

Samples: Custodial Agreement (GSR Mortgage Loan Trust 2006-9f), Custodial Agreement (GSR Mortgage Loan Trust 2006-10f)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each related Remittance Date, the Servicer determines that any shall either (a) deposit in the Custodial Account from its own funds an amount equal to (i) except in the case of Option ARM Mortgage Loans, the aggregate amount of all Monthly Payments (with interest adjusted to the Mortgage Loan Remittance Rate) which were due on the immediately preceding Mortgage Loans during the applicable Due Date have not been receivedPeriod and (ii) in the case of such Option ARM Mortgage Loans, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in an amount equal to the aggregate amount of all scheduled payments of interest payable by the Mortgagor under the related Mortgage Note during the applicable Due Period in each case, which were delinquent at the close of business on the immediately preceding Determination Date (each such delinquent Monthly Paymentsadvance, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an a “P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance”), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.17, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any The Servicer’s obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last related Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan; provided, however, that such Advance obligation shall cease if the Servicer, in its good faith judgment, determines that such P&I Advances would not be recoverable pursuant to Subsection 11.05(d). The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer’s Certificate of the distribution Servicer, delivered to the Certificateholders on Purchaser, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-Ac6), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-Ac5)

Advances by the Servicer. IfEach Servicer shall deposit in the related Collection Account at the time described below an amount equal to with respect to the Mortgage Loans, on any Determination Date, all Scheduled Payments (with interest at the Servicer determines that any Monthly Payments Mortgage Rate less the Servicing Fee Rate and Credit Risk Manager Fee Rate) which were due on the immediately preceding Due Date have not been receivedrelated Mortgage Loans during the applicable Collection Period; provided however, the that with respect to any Balloon Loan that is delinquent on its maturity date, a Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before required to advance the related Distribution Date balloon payment but will be required to continue to make advances in accordance with this Section 4.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the amount original amortization schedule for that Mortgage Loan (with interest at the Mortgage Rate less the Servicing Fee Rate). Each Servicer’s obligation to make such Advances as to any related Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such delinquent Monthly PaymentsMortgage Loan, after adjustment of any delinquent interest payment for or the Servicing Fee. For purposes related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to the terms of this Section 6.03Agreement. The Servicers shall not be required to advance shortfalls of principal or interest resulting from the application of the Relief Act. Each Servicer shall be obligated to make Advances with respect to those Mortgage Loans serviced by it in accordance with the provisions of this Agreement; provided however, that such obligation with respect to any related Mortgage Loan shall cease if the related Servicer determines, in its sole discretion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that the related Servicer determines that any such Advances are Nonrecoverable Advances, such Servicer shall provide the Trustee with a certificate signed by a Servicing Officer evidencing such determination. If an Advance is required to be made hereunder, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the related Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution the applicable Servicer Remittance Date immediately following the Determination Date either (i) deposit in the related Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the such Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.034.01, used by the such Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the related Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent the next Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09due.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (CSFB Mortgage Sec Corp Home Eq Asset Trust 2003-6), Pooling and Servicing Agreement (CSFB Home Equity Pass Through Certs Ser 2003-4)

Advances by the Servicer. IfEach Servicer shall deposit in a Collection Account an amount equal to all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate) which were due but not received on the related Mortgage Loans during the applicable Due Period; provided however, that with respect to any Balloon Loan that is delinquent on any Determination Dateits maturity date, the related Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before required to advance the related Distribution Date balloon payment but will be required to continue to make Advances in accordance with this Section 4.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the amount original amortization schedule for that Mortgage Loan (with interest at the Mortgage Rate less the Servicing Fee Rate). Each Servicer's obligation to make such Advances as to any related Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such Mortgage Loan, or through the date that the related Mortgaged Property has, in the judgment of such Servicer, been completely liquidated; provided however, that such obligation with respect to any related Mortgage Loan shall cease if such Servicer determines, in its reasonable opinion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances; provided that the related Servicer will be required to make Advances until the earlier of (i) (x) if the Mortgage Loan is an [________] Covered Loan and coverage under the Credit Insurance Policy is available, through the earlier of (A) liquidation of the related Mortgaged Property and (B) receipt of a payment with respect to such Mortgage Loan under the Credit Insurance Policy and (y) if the Mortgage Loan is not an [________] Covered Loan or if coverage under the Credit Insurance Policy is not available, through the time at which the related Mortgage Loan becomes 120 days delinquent Monthly Paymentsor (ii) the time at which the related Servicer determines that such Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that such Servicer determines that any such Advances are Nonrecoverable Advances, after adjustment of any delinquent interest payment for such Servicer shall provide the Trustee with a certificate signed by a Servicing FeeOfficer evidencing such determination. For purposes of this Section 6.03If an Advance is required to be made hereunder, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the related Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such the second Business Day immediately preceding the Distribution Date immediately following the related Determination Date either (i) deposit in the Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.034.01, used by the related Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the related Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent future Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determinationdue. The related Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances of its own funds made pursuant to this Section as provided in Section 5.093.08.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp), Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Acceptance Corp)

Advances by the Servicer. If, on any Determination Date, the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before two Business Days prior to the related Distribution Date in an amount equal to the amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Related Certificateholders. If the Servicer makes an Advance, it shall on or prior to two Business Days prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.03, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any funds being held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the Collection Account on or before any subsequent Distribution Date to the extent that funds in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Related Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, the Paying Agent and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Trust Series 2007-A2), Pooling and Servicing Agreement (Chase Mortgage Finance Trust Series 2007-A1)

Advances by the Servicer. IfThe Servicer shall deposit in the related Collection Account at the time described below an amount equal to (i) with respect to the Mortgage Loans other than the Simple Interest Mortgage Loans, all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate and Loss Mitigation Advisor Fee Rate) which were due on any the related Mortgage Loans during the applicable Due Period and (ii) with respect to the Simple Interest Mortgage Loans, 30 day's interest on each such Mortgage Loan, less the Servicing Fee, which were delinquent at the close of business on the immediately preceding Determination Date; provided however, that with respect to any Balloon Loan that is delinquent on its maturity date, the Servicer will not be required to advance the related balloon payment but will be required to continue to make advances in accordance with this Section 4.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the original amortization schedule for that Mortgage Loan (with interest at the Mortgage Rate less the Servicing Fee Rate). The Servicer's obligation to make such Advances as to any related Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such Mortgage Loan, or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to the terms of this Agreement. To the extent required by Accepted Servicing Practices, the Servicer shall be obligated to make Advances with respect to those Mortgage Loans serviced by it in accordance with the provisions of this Agreement; provided however, that such obligation with respect to any related Mortgage Loan shall cease if the Servicer determines, in its sole discretion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been receivedsuch advances are Nonrecoverable Advances, the Servicer shall, unless it determines in its sole discretion that shall provide the Trustee with a certificate signed by a Servicing Officer evidencing such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make determination. If an Advance on or before the related Distribution Date in an amount equal is required to the amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03be made hereunder, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution the applicable Servicer Remittance Date immediately following the Determination Date either (i) deposit in the related Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the such Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.034.01, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent future Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09due.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (CSFB Mortgage Pass-Thru Cert Series 2001-He17), Pooling and Servicing Agreement (CSFB Mortgage Pass Through Certificates Series 2001 He20)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each related Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a “P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance”), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.17, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Owner required to be made to Certificateholders on such Distribution Remittance Date. Any The Servicer’s obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last related Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan; provided, however, that such Advance obligation shall cease if the Servicer, in its good faith judgment, determines that such P&I Advances would not be recoverable pursuant to Subsection 11.05(d). The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer’s Certificate of the distribution Servicer, delivered to the Certificateholders on Owner, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled not have any obligation to be reimbursed from advance amounts in respect of shortfalls relating to the Collection Account for all Advances Servicemembers Civil Relief Act and Nonrecoverable Advances as provided in Section 5.09similar state and local laws.

Appears in 2 contracts

Samples: Assignment, Assumption and Recognition Agreement (Sequoia Mortgage Trust 2012-1), Assignment, Assumption and Recognition Agreement (Sequoia Mortgage Trust 2012-1)

Advances by the Servicer. IfWith respect to the Mortgage Loans, the Servicer shall deposit in the Collection Account as Advances an amount equal to all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate) which were due on any such Mortgage Loans serviced by it during the applicable Collection Period and which were delinquent (under the MBA method) at the close of business on the immediately preceding Determination Date; provided, however, that with respect to any Balloon Loan that is delinquent on its maturity date, the Servicer shall not be required to advance the related balloon payment but shall be required to continue to make Advances in accordance with this Section 5.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the original amortization schedule for that Mortgage Loan (with interest at the Mortgage Rate less the Servicing Fee Rate) to the extent the Servicer deems such amount to be recoverable. The Servicer’s obligation to make such Advances as to any related Mortgage Loan shall continue through the last Scheduled Payment due prior to the payment in full of such Mortgage Loan, or through the date that the related Mortgaged Property has, in the judgment of the Servicer, been completely liquidated. The Servicer shall not be required to advance shortfalls of principal or interest resulting from the application of the Relief Act. The Servicer will be obligated to advance or cause to be advanced to the Trustee, from time to time, from (i) its own funds, (ii) funds in the Collection Account that are not required to make payments to the Certificateholders for such Distribution Date or (iii) a combination of (i) and (ii), Advances and Servicing Advances. In addition, the servicer may reimburse itself for any unreimbursed Advances and Servicing Advances to the extent of funds held in the collection account for future distribution that were not required to make payments to the Certificateholders for such Distribution Date (provided that such amounts must be deposited into the Collection Account prior to the next Cash Remittance Date on which such amounts are to be included in the distribution for the related Distribution Date). With respect to any Mortgage Loan, to the extent required by Accepted Servicing Practices, the Servicer shall be obligated to make Advances in accordance with the provisions of this Agreement; provided, however, that such obligation with respect to any related Mortgage Loan shall cease if the Servicer determines, in its reasonable opinion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been receivedsuch Advances are Nonrecoverable Advances, the Servicer shallshall provide the Trustee with a certificate signed by a Servicing Officer evidencing such determination. With respect to any of the Mortgage Loans, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make if an Advance on or before is required to be made hereunder by the related Distribution Date in an amount equal to the amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03Servicer, the delinquent Monthly Payments referred to in the preceding sentence Servicer shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution 12:00 Noon, New York City time, on the Cash Remittance Date either (i) deposit in the Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.035.01, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent future Distribution Date to the extent that in which such funds would be due or from other funds in the such Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the being held for future distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09at that time.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (CSMC Asset-Backed Trust 2007-Nc1), Pooling and Servicing Agreement (CSMC Asset-Backed Trust 2007-Nc1)

Advances by the Servicer. If, on any Determination Date, the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in an amount equal to the amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.03, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any funds being held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the Collection Account on or before any subsequent Distribution Date to the extent that funds in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-co- trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Corp), Pooling and Servicing Agreement (Chase Mortgage Finance Corp)

Advances by the Servicer. IfThe Servicer shall deposit in the related Collection Account at the time described below an amount equal to with respect to the Mortgage Loans, all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate and Credit Risk Manager Fee Rate) which were due on the related Mortgage Loans during the applicable Collection Period; provided however, that with respect to any Determination DateBalloon Loan that is delinquent on its maturity date, the Servicer will not be required to advance the related balloon payment but will be required to continue to make advances in accordance with this Section 4.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the original amortization schedule for that Mortgage Loan (with interest at the Mortgage Rate less the Servicing Fee Rate). The Servicer’s obligation to make such Advances as to any related Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such Mortgage Loan, or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to the terms of this Agreement. The Servicer shall not be required to advance shortfalls of principal or interest resulting from the application of the Relief Act. The Servicer shall be obligated to make Advances with respect to those Mortgage Loans serviced by it in accordance with the provisions of this Agreement; provided however, that such obligation with respect to any related Mortgage Loan shall cease if the Servicer determines, in its sole discretion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been receivedsuch Advances are Nonrecoverable Advances, the Servicer shall, unless it determines in its sole discretion that shall provide the Trustee with a certificate signed by a Servicing Officer evidencing such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make determination. If an Advance on or before the related Distribution Date in an amount equal is required to the amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03be made hereunder, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution the applicable Servicer Remittance Date immediately following the Determination Date either (i) deposit in the related Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the such Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.034.01, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the related Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent the next Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09due.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Home Equity Pass Through Certificates Series 2002-4), Pooling and Servicing Agreement (Home Equity Asset Trust 2002-3)

Advances by the Servicer. If, The Servicer shall deposit in the related Collection Account as Advances an amount equal to all Scheduled Payments (with interest at the Mortgage Rate less the sum of the Servicing Fee Rate and the Excess Servicing Fee Rate) which were due on any the Mortgage Loans serviced by it during the applicable Collection Period and which were delinquent at the close of business on the immediately preceding Determination Date. The Servicer’s obligation to make such Advances as to any related Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such Mortgage Loan, or through the date that the related Mortgaged Property has, in the judgment of the Servicer, been completely liquidated. The Servicer shall not be required to advance shortfalls of principal or interest resulting from the application of the Relief Act. To the extent required by Accepted Servicing Practices, the Servicer shall be obligated to make Advances in accordance with the provisions of this Agreement; provided, however, that such obligation with respect to any related Mortgage Loan shall cease if the Servicer determines, in its reasonable opinion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been receivedsuch advances are Nonrecoverable Advances, the Servicer shall, unless it determines in its sole discretion that shall provide the Trustee with a certificate signed by a Servicing Officer evidencing such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make determination. If an Advance on or before the related Distribution Date in an amount equal is required to the amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03be made hereunder, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution the Cash Remittance Date either (i) deposit in the Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.035.01, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent future Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09due.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CSFB Mortgage Acceptance Corp Mort Pa THR Cert Ser 2002-Ftb1)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a “P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance”), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.17, used by the Servicer to make in discharge of any such Advance or (iii) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced replaces by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any such Advance The Servicer’s obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan. The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer’s Certificate of the distribution Servicer, delivered to the Certificateholders on Purchaser or its designee, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 1 contract

Samples: Assignment and Assumption and Recognition Agreement (Jpmac 2006-Fre2)

Advances by the Servicer. If, on any Determination On each Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a "P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance"), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.16, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such AdvanceP&I Advances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any The Servicer's obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan; provided, however, that such Advance obligation shall cease (i) for any Mortgage Loan and on any Remittance Date that the distribution of all Liquidation Proceeds and other payments or recoveries (including Insurance Proceeds and Condemnation Proceeds) occurs with respect to such Mortgage Loan or (ii) if the Servicer, in its good faith judgment, determines that P&I Advances would not be recoverable pursuant to Subsection 11.05(d). The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer's Certificate of the distribution Servicer, delivered to the Certificateholders on Purchaser, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 1 contract

Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-15xs)

Advances by the Servicer. IfEach Servicer shall deposit in a Collection Account an amount equal to (i) with respect to the Mortgage Loans other than the Simple Interest Mortgage Loans, all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate) which were due but not received on the related Mortgage Loans during the applicable Due Period and (ii) with respect to the Simple Interest Mortgage Loans, 30 day's interest on each such Mortgage Loan for which the Scheduled Payment was due but not received during the applicable Due Period, less the Servicing Fee; provided however, that with respect to any Determination DateBalloon Loan that is delinquent on its maturity date, the related Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before required to advance the related Distribution Date balloon payment but will be required to continue to make Advances in accordance with this Section 4.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the amount original amortization schedule for that Mortgage Loan (with interest at the Mortgage Rate less the Servicing Fee Rate). Each Servicer's obligation to make such Advances as to any related Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such delinquent Monthly PaymentsMortgage Loan, after adjustment of any delinquent interest payment for or through the Servicing Fee. For purposes of this Section 6.03date that the related Mortgaged Property has, the delinquent Monthly Payments referred to in the preceding sentence judgment of such Servicer, been completely liquidated; provided however, that such obligation with respect to any related Mortgage Loan shall cease if such Servicer determines, in its reasonable opinion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances; provided that the related Servicer will be deemed required to include an amount equal to make Advances until the Monthly Payments that would have been due on earlier of (i) the time at which the related Mortgage Loans which have been foreclosed Loan becomes 120 days delinquent or otherwise terminated and in connection with (ii) the time at which the Servicer acquired and continues determines that such Advances with respect to own such Mortgage Loan are Nonrecoverable Advances. In the Mortgaged Properties on behalf of event that such Servicer determines that any such Advances are Nonrecoverable Advances, such Servicer shall provide the CertificateholdersTrustee with a certificate signed by a Servicing Officer evidencing such determination. If an Advance is required to be made hereunder, the related Servicer makes an Advance, it shall on or prior to such the second Business Day immediately preceding the Distribution Date immediately following the related Determination Date either (i) deposit in the Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.034.01, used by the related Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the related Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent future Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determinationdue. The related Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances of its own funds made pursuant to this Section as provided in Section 5.093.08.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CSFB Home Equity Mortgage Trust 2005-2)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each related Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a “P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance”), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.17, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any The Servicer’s obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last related Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan; provided, however, that such Advance obligation shall cease if the Servicer, in its good faith judgment, determines that such P&I Advances would not be recoverable pursuant to Subsection 11.05(d). The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer’s Certificate of the distribution Servicer, delivered to the Certificateholders on Purchaser, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled not have any obligation to be reimbursed from advance amounts in respect of shortfalls relating to the Collection Account for all Advances Servicemembers Civil Relief Act and Nonrecoverable Advances as provided in Section 5.09.similar state and local laws. Subsection 11.18

Appears in 1 contract

Samples: Flow Mortgage Loan Sale and Servicing Agreement

Advances by the Servicer. If, on any Determination Date, the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before two Business Days prior to the related Distribution Date in an amount equal to the amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to two Business Days prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.03, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any funds being held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the Collection Account on or before any subsequent Distribution Date to the extent that funds in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on such 116 Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, the Paying Agent and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09. If on any Distribution Date, the Servicer has not made any Advance due on such Distribution Date, the Backup Advancer shall make such Advance on such Distribution Date. The Backup Advancer shall be entitled to reimbursement for any Advances it has made in the same manner as the Servicer is entitled to reimbursement for Advances as set forth in this Agreement. Additionally, the Servicer shall, from its own funds, compensate the Backup Advancer for any Advance required to be made by the Backup Advancer at the current "prime" lending rate of Chase plus 2.00% per annum from the date such Advance was made up to the date the Backup Advancer is reimbursed.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ChaseFlex Trust Series 2005-2)

Advances by the Servicer. If, on any Determination Date, the Servicer determines that any Monthly Payments with respect to any Mortgage Loans due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the Business Day prior to the related Distribution Date in an amount equal to the amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the its Servicing Fee. For purposes of this Section 6.03, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to the Servicer Remittance Date for such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.03, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any funds being held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the Collection Account on or before any subsequent Distribution Date to the extent that funds in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, the Master Servicer and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Corp)

Advances by the Servicer. If, on any Determination Date, the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before two Business Days prior to the related Distribution Date in an amount equal to the amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to two Business Days prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.03, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any funds being held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the Collection Account on or before any subsequent Distribution Date to the extent that funds in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, the Paying Agent and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09. If on any Distribution Date, the Servicer has not made any Advance required to be made on such Distribution Date, the Backup Advancer shall make such Advance on such Distribution Date. The Backup Advancer shall be entitled to reimbursement for any Advances it has made in the same manner as the Servicer is entitled to reimbursement for Advances as set forth in this Agreement. Additionally, the Servicer shall, from its own funds, compensate the Backup Advancer for any Advance required to be made by the Backup Advancer at the current "prime" lending rate of Chase plus 2.00% per annum from the date such Advance was made up to the date the Backup Advancer is reimbursed.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Corp)

Advances by the Servicer. If, on any Determination Date, the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before two Business Days prior to the related Distribution Date in an amount equal to the amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Related Certificateholders. If the Servicer makes an Advance, it shall on or prior to two Business Days prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.03, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any funds being held in the Collection Account for future distribution to Related Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the Collection Account on or before any subsequent Distribution Date to the extent that funds in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Related Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, the Paying Agent and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ChaseFlex Trust Series 2007-M1)

Advances by the Servicer. If, on any Determination On each Remittance Date, the Servicer determines that any shall deposit in the Custodial Account an amount equal to all Monthly Payments (with interest adjusted to the Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which were delinquent at the close of business on the immediately preceding Due Date have not been receivedDetermination Date, provided that, such obligation shall cease with respect to any Mortgage Loan if the Servicer shall, unless it determines in its sole discretion that such amounts advances would be Nonrecoverable Advances. The Servicer's obligation to make such Advances as to any Mortgage Loan will not be recoverable from Late Collectionscontinue through the last Monthly Payment due prior to the payment in full of the Mortgage Loan, or through the last Remittance Date prior to the Remittance Date for the distribution of all Liquidation Proceeds and other payments or otherwiserecoveries (including proceeds under any title, make an Advance on hazard or before the related Distribution Date in an amount equal other insurance policy, or condemnation awards) with respect to the amount of Mortgage Loan, provided, however, that such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent Monthly Payments referred to in the preceding sentence obligation shall be deemed to include an amount equal cease if title to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed Mortgaged Property is acquired in foreclosure or otherwise terminated and by deed in connection with which the lieu of foreclosure. The Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Custodial Account from its own funds an amount equal to the aggregate amount of such AdvanceAdvances, if any, (ii) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03, been used by the Servicer to make in discharge of any such Advance or (iiiii) make Advances in the form of any combination of clauses (i) and or (ii) aggregating the total amount of such AdvanceAdvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Owner required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Remittance Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 1 contract

Samples: Custodial Agreement (Realtrust Asset Corp)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each related Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a “P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance”), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.17, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any The Servicer’s obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last related Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan; provided, however, that such Advance obligation shall cease if the Servicer, in its good faith judgment, determines that such P&I Advances would not be recoverable pursuant to Subsection 11.05(b). The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer’s Certificate of the distribution Servicer, delivered to the Certificateholders on Purchaser, evidencing the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled not have any obligation to be reimbursed from advance amounts in respect of shortfalls relating to the Collection Account for all Advances Servicemembers Civil Relief Act and Nonrecoverable Advances as provided in Section 5.09similar state and local laws.

Appears in 1 contract

Samples: Mortgage Loan Sale and Servicing Agreement (Sequoia Mortgage Trust 2011-2)

Advances by the Servicer. IfThe Servicer shall deposit in the Collection Account an amount equal to all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate) which were due but not received on the Mortgage Loans during the applicable Due Period; provided however, that with respect to any Balloon Loan that is delinquent on any Determination Dateits maturity date, the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before required to advance the related Distribution Date balloon payment but will be required to continue to make Advances in accordance with this Section 4.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the original amortization schedule for that Mortgage Loan (with interest at the Mortgage Rate less the Servicing Fee Rate). The Servicer will not be required, however, to make any Advances with respect to reductions in the amount of the Scheduled Payments on the Mortgage Loans due to bankruptcy proceedings or the application of the Relief Act. The Servicer’s obligation to make such delinquent Monthly PaymentsAdvances as to any Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such Mortgage Loan, after adjustment of any delinquent interest payment for or through the Servicing Fee. For purposes of this Section 6.03date that the related Mortgaged Property has, the delinquent Monthly Payments referred to in the preceding sentence judgment of the Servicer, been completely liquidated; provided however, that such obligation with respect to any Mortgage Loan shall cease if the Servicer determines, in its reasonable opinion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances; provided that the Servicer will be deemed required to include an amount equal to make Advances until the Monthly Payments that would have been due on earlier of (i) the time at which the related Mortgage Loans which have been foreclosed Loan becomes 120 days delinquent or otherwise terminated and in connection with (ii) the time at which the Servicer acquired and continues determines that such Advances with respect to own such Mortgage Loan are Nonrecoverable Advances. In the Mortgaged Properties on behalf of event that such Servicer determines that any such Advances are Nonrecoverable Advances, such Servicer shall provide the CertificateholdersTrustee with a certificate signed by a Servicing Officer evidencing such determination. If an Advance is required to be made hereunder, the Servicer makes an Advance, it shall on or prior to such the second Business Day immediately preceding the Distribution Date immediately following the related Determination Date either (i) deposit in the Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.034.01, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent future Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determinationdue. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances of its own funds made pursuant to this Section as provided in Section 5.093.08.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Home Equity Mortgage Trust 2006-6)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each related Remittance Date, the Servicer determines that any shall either (a) deposit in the Custodial Account from its own funds an amount equal to (i) except in the case of Option ARM Mortgage Loans, the aggregate amount of all Monthly Payments (with interest adjusted to the Mortgage Loan Remittance Rate) which were due on the immediately preceding Mortgage Loans during the applicable Due Date have not been receivedPeriod and (ii) in the case of Option ARM Mortgage Loans, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in an amount equal to the aggregate amount of all scheduled payments of interest payable by the Mortgagor under the related Mortgage Note during the applicable Due Period, in each case, which were delinquent at the close of business on the immediately preceding Determination Date (each such delinquent Monthly Paymentsadvance, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an a "P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance"), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.17, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any The Servicer's obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last related Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan; provided, however, that such Advance obligation shall cease if the Servicer, in its good faith judgment, determines that such P&I Advances would not be recoverable pursuant to Subsection 11.05(d). The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer's Certificate of the distribution Servicer, delivered to the Certificateholders on Purchaser, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled not have any obligation to be reimbursed from advance amounts in respect of shortfalls relating to the Collection Account for all Advances Servicemembers Civil Relief Act and Nonrecoverable Advances as provided in Section 5.09similar state and local laws.

Appears in 1 contract

Samples: Execution Version (Lehman XS Trust Series 2006-10n)

Advances by the Servicer. IfWith respect to any Mortgage Loans, the Servicer shall deposit in the Collection Account as Advances, an amount equal to all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate) which were due on any such WMMSC Serviced Mortgage Loans serviced by it during the applicable Collection Period and which were delinquent at the close of business on the immediately preceding Determination Date; provided, however, that with respect to any Balloon Loan that is delinquent on its maturity date, the Servicer will not be required to advance the related balloon payment but will be required to continue to make advances in accordance with this Section 5.01 with respect to such Balloon Loan in an amount equal to one month’s interest on the outstanding principal balance at the applicable Mortgage Rate, to the extent the Servicer deems such amount to be recoverable. The Servicer’s obligation to make such Advances as to any WMMSC Serviced Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such WMMSC Serviced Mortgage Loan, or through the date that the Mortgaged Property has, in the judgment of the Servicer, been completely liquidated. The Servicer shall not be required to advance shortfalls of principal or interest resulting from the application of the Relief Act. With respect to any WMMSC Serviced Mortgage Loan, to the extent required by Accepted Servicing Practices, the Servicer shall be obligated to make Advances in accordance with the provisions of this Agreement; provided, however, that such obligation with respect to any WMMSC Serviced Mortgage Loan shall cease if the Servicer determines, in its reasonable opinion, that Advances with respect to such WMMSC Serviced Mortgage Loan are Nonrecoverable Advances. In the event that the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been receivedsuch advances are Nonrecoverable Advances, the Servicer shallshall provide the Trust Administrator and the Trustee with a certificate signed by a Servicing Officer evidencing such determination. With respect to any of the WMMSC Serviced Mortgage Loans, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make if an Advance on or before the related Distribution Date in an amount equal is required to the amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03be made hereunder, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution the Cash Remittance Date either (i) deposit in the its Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the its Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.035.01, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the its Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent future Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09due.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a “P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance”), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.17, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any such Advance shall be included with The Servicer’s obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment, due prior to the payment in full of a Mortgage Loan, through the last Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan until the Certificateholders Servicer has determined in its reasonable discretion that any such advances would be nonrecoverable from collections on the related Distribution DateMortgage Loan. If The determination by the Servicer determines not to make that a Nonrecoverable P&I Advance, it if made, would be nonrecoverable, shall on be evidenced by an Officer’s Certificate of the related Determination Date furnish Servicer, delivered to the TrusteePurchaser or its designee, any co-trustee, and each Rating Agency notice of which details the reasons for such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 1 contract

Samples: Mortgage Loan Sale and Servicing Agreement (J.P. Morgan Alternative Loan Trust 2006-S1)

Advances by the Servicer. If, (a) Not later than the close of business on any Determination the second Business Day preceding each Distribution Date, the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in an amount equal shall remit to the amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment Trustee for the Servicing Fee. For purposes of this Section 6.03, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount, to be distributed on the related Distribution Date pursuant to Section 4.5(d), equal to the sum of (a) the interest accrued on each Mortgage Loan at the Mortgage Rate (or at such lower rate as may be in effect for such mortgage Loan pursuant to application of the Civil Relief Act and/or any Debt Service Reduction) through the related Due Date, but not received as of the close of business on the Determination Date for such Distribution Date (net of the Servicing Fee) and (b) with respect to each REO Property which was acquired during or prior to the related Due Period and as to which a final disposition did not occur during the related Due Period, an amount equal to the excess, if any, of interest on the Principal Balance of such Advance, (ii) cause REO Property at the Net Rate for the most recently ended Due Period prior to be made an appropriate entry in the records of related Determination Date for the related Mortgage Loan over the net income from the REO Property transferred to the Collection Account that for such Distribution Date pursuant to Section 3.4; such sum being defined herein as the "Monthly Advance." The Servicer may fund all or a portion of the monthly Advance with respect to the Mortgage Loans by instructing the Trustee on such Determination Date to use funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.03, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any funds being held deposited in the Collection Account which are not part of the Total Distribution Amount for future distribution to Certificateholders and the related Distribution Date; provided that if such funds are so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own shall replace such funds by deposit into the Collection Account on or before any subsequent Distribution Determination Date to the extent that on which such funds in the Collection Account on such Distribution Date shall be less than the amount of payments are required to be made to Certificateholders on such part of the Total Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09Amount.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Chevy Chase Bank FSB)

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Advances by the Servicer. If, on any Determination Not later than the Business Day immediately preceding each related Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a “P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance”), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 10.17, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any The Servicer’s obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last related Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan; provided, however, that such Advance obligation shall cease if the Servicer, in its good faith judgment, determines that such P&I Advances would not be recoverable pursuant to Subsection 10.05(d). The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer’s Certificate of the distribution Servicer, delivered to the Certificateholders on Purchaser, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled not have any obligation to be reimbursed from advance amounts in respect of shortfalls relating to the Collection Account for all Advances Servicemembers Civil Relief Act and Nonrecoverable Advances as provided in Section 5.09similar state and local laws.

Appears in 1 contract

Samples: Reconstituted Servicing Agreement (Thornburg Mortgage Securities Trust 2005-4)

Advances by the Servicer. IfThe Servicer shall deposit in a Collection Account an amount equal to all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate) which were due but not received on the related Mortgage Loans during the applicable Due Period; provided however, that with respect to any Balloon Loan that is delinquent on its maturity date, the Servicer will not be required to advance the related balloon payment but will be required to continue to make Advances in accordance with this Section 4.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the original amortization schedule for that Mortgage Loan (with interest at the Mortgage Rate less the Servicing Fee Rate). The Servicer's obligation to make such Advances as to any Determination Daterelated Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such Mortgage Loan, or through the date that the related Mortgaged Property has, in the judgment of the Servicer, been completely liquidated; provided however, that such obligation with respect to any related Mortgage Loan shall cease if the Servicer determines, in its reasonable opinion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances; provided that the Servicer will be required to make Advances until the earlier of (i) to the extent coverage under the related Mortgage Pool Insurance Policy is available, through the liquidation of the related Mortgaged Property and if coverage under the related Mortgaged Property is not available, through the time at which the related Mortgage Loan becomes 120 days delinquent or (ii) the time at which the Servicer determines that such Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been receivedsuch Advances are Nonrecoverable Advances, the Servicer shall, unless it determines in its sole discretion that shall provide the Trustee with a certificate signed by a Servicing Officer evidencing such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make determination. If an Advance is required to be made hereunder, the Servicer shall on or before the second Business Day immediately preceding the Distribution Date immediately following the related Distribution Date in an amount equal to the amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Determination Date either (i) deposit in the related Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.034.01, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent future Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determinationdue. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances of its own funds made pursuant to this Section as provided in Section 5.093.08.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CSFB Mortgage Sec Corp Home Eq Mort PSS THR CRT Ser 2003-Ffa)

Advances by the Servicer. If, Not later than the close of business on any Determination the third Business Day preceding each Distribution Date, the Servicer determines that any Monthly Payments due shall remit to the Trustee (but solely from and to the extent of amounts on deposit in the Principal and Interest Account as of the related Determination Date, after giving effect to withdrawals from the Principal and Interest Account as of the Determination Date for such Distribution Date pursuant to Section 5.04(i)), an amount (the "Advance") equal to the sum of (a) the interes accrued in the related Due Period on the immediately preceding Mortgage Loans but uncollected as of the close of business on the last day of such Due Date have not been received, Period (net of the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds Servicing Fee) and (b) with respect to each REO Property which was acquired during or otherwise, make an Advance on or before prior to the related Distribution Date in Due Period and as to which an REO Disposition did not occur during the related Due Period, an amount equal to the amount excess, if any, of interest on the Principal Balance of such delinquent Monthly PaymentsREO Property computed at the related Mortgage Interest Rate (net of the Servicing Fee (computed in the manner described in paragraph (i) or (ii), after adjustment as applicable, of any delinquent interest payment the definition thereof)) for the Servicing Feemost recently ended Due Period over the net income from the REO Property deposited in the Principal and Interest Account during such Due Period pursuant to Section 5.10. For purposes Notwithstanding the provisions in the foregoing paragraph of this Section 6.036.08, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal with respect to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall Distribution Dates occurring on or prior to such Distribution Date either (i) before ___________, ____. if the amounts on deposit in the Collection Principal and Interest Account are insufficient to make the full Advance (as defined herein), and as a result thereof an amount equal to such AdvanceEvent of Nonpayment would occur, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.03, used by the Servicer to shall make such an Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any funds being held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the Collection Account on or before any subsequent Distribution Date equal to such insufficiency to the extent that funds in the Collection Account on of delinquent payments of interest and may reimburse itself for such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders Advances from collections on the related Distribution Date. If the Servicer determines not Mortgage Loans pursuant to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.095.04(ii).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Eqcc Receivables Corp)

Advances by the Servicer. Advances shall be made in respect of each Servicer Remittance Date as provided herein. If, on any Determination Date, the Servicer determines that any Monthly Scheduled Payments due on during the immediately preceding related Due Date Period have not been received, the such Servicer shall, unless it determines in its sole discretion that shall advance such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in an amount equal to the amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.03, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any funds being held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the Collection Account on or before any subsequent Distribution Date to the extent that funds provided in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, Section 4.03(c) and each Rating Agency notice of such determinationthis Section 6.05. The Servicer shall be entitled to be reimbursed from the Collection Account Account, and from the Custodial Account, for all Advances and Nonrecoverable Advances made by it as provided in Section 5.094.02(e). Notwithstanding anything to the contrary herein, in the event the Servicer determines in its reasonable judgment that an Advance or Servicing Advance is a Nonrecoverable Advance, the Servicer shall be under no obligation to make such Advance. The Servicer shall not be required to make any Advances with respect to the principal portion of (i) the final payment of any Balloon Loan (in such case, the Servicer shall advance the assumed monthly payment that would have been due on the related Due Date based on the original principal amortization schedule for such Balloon Loan) or (ii) the Monthly Payments that would have been due on the related Due Date with respect to Second Lien Mortgage Loans or any REO Property. The Servicer will not make Advances on any Mortgage Loans due to bankruptcy proceedings, the application of the Civil Relief Act or to cover any Prepayment Interest Shortfalls that exceed Compensating Interest. Servicing Advances, if any, to be made by the Servicer in respect of the Mortgage Loans and REO Properties for the related Payment Date may be made either from its own funds or from amounts held for future payment or both aggregating the total amount of Servicing Advances to be made by the Servicer. Any amounts held for future payment and so used shall be replaced by the Servicer in the Custodial Account on or before any future Servicer Remittance Date if funds in the Custodial Account on such Servicer Remittance Date shall be less than remittances to the Trust Administrator required to be made on such Servicer Remittance Date.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Fieldstone Mortgage Investment CORP)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each related Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a "P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance"), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.17, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any The Servicer's obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last related Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a 48 Mortgage Loan; provided, however, that such Advance obligation shall cease if the Servicer, in its good faith judgment, determines that such P&I Advances would not be recoverable pursuant to Subsection 11.05(d). The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer's Certificate of the distribution Servicer, delivered to the Certificateholders on Purchaser, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Sunset Financial Resources Inc)

Advances by the Servicer. If, Not later than 4:00 p.m. New York time on any the Determination Date, the Servicer determines that any Monthly Payments due shall remit to the Indenture Trustee for deposit in the related Note Distribution Account an amount (as indicated in the Servicer's Certificate prepared pursuant to Section 6.08 above), to be distributed on the immediately preceding Due related Payment Date have pursuant to Section 6.06 above, equal to the sum of, with respect to each Group (a) the interest portion of each Monthly Payment due but not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before received during the related Distribution Date in Due Period (net of the Servicing Fee and the Annual Trustee Expense Amount, plus (b) with respect to each REO Property with respect to the related Group, which was acquired during or prior to the related Due Period and as to which an REO Disposition did not occur during the related Due Period, an amount equal to the amount excess, if any, of interest on the Principal Balance of each such delinquent Monthly Payments, after adjustment REO Property at the related Mortgage Rate (net of any delinquent interest payment the Servicing Fee and the Annual Trustee Expense Amount) for the Servicing Fee. For purposes of this most recently ended calendar month over the net income from the REO Property transferred to the Principal and Interest Account with respect to the related Group during the related Due Period pursuant to Section 6.035.10 above, the plus (c) with respect to a Mortgage Loan with a delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include Balloon Payment, an amount equal to the assumed interest portion of the aggregate amount of the Monthly Payments Payment that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated the related Due Period (net of the Servicing Fee and in connection with which the Annual Trustee Expense); except that, after the Cross-Over Date, the Servicer acquired shall not be required to remit as the sum of clauses (a), (b) and continues to own the Mortgaged Properties on behalf (c) above, an amount in excess of the Certificateholders. If sum of the related Class A Interest Remittance Amount and the related Monthly Premium for the immediately following Remittance Date, plus (d) with respect to each such Payment Date, the amount necessary on the first, second, third, fourth and fifth Payment Dates to pay 30 days' interest with respect to each non-delinquent Subsequent Mortgage Loan (net of the Servicing Fee and the Annual Trustee Expense Amount), plus (e) with respect to each Payment Date, if pursuant to Section 5.04(ii) above the Servicer makes an Advancehas previously reimbursed itself for a Monthly Advance made pursuant to Section 6.09(c) or Section 6.09(d) above, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account then an amount equal to such amount previously reimbursed, such sum being defined herein as the "Monthly Advance". In lieu of making all or a portion of such Monthly Advance from its own funds, the Servicer may (iii) cause to be made an appropriate entry in its records relating to the records of Principal and Interest Account with respect to the Collection related Group that any amount held in the Principal and Interest Account that funds in such account being held with respect to the related Group, and not required for future distribution or withdrawal have been, as permitted by this Section 6.03, on the immediately succeeding Payment Date has been used by the Servicer in discharge of its obligation to make any such Monthly Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating transfer such funds from the amount of such AdvancePrincipal and Interest Account with respect to the related Group, to the related Note Distribution Account. Any funds being held in the Collection Account for future distribution to Certificateholders so applied and so used pursuant to clause (ii) or (iii) above transferred shall be replaced by the Servicer by deposit in the related Principal and Interest Account no later than the close of business on the Business Day immediately preceding the Payment Date on which such funds are required to be distributed pursuant to this Agreement. The Servicer may reimburse itself pursuant to Section 5.04 above for Monthly Advances made from its own funds funds. Notwithstanding the foregoing, the Monthly Advance required on the first Payment Date by deposit into the Collection Account on or before any subsequent Distribution Date Section 6.09(d) above shall be mandatory, and each successive Monthly Advance pursuant to Section 6.09(d) and Section 6.09(e) above shall be made if and to the extent that funds in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not has reimbursed itself for amounts previously advanced pursuant to make a Nonrecoverable Advancesuch Sections 6.09(d) and 6.09(e), it shall on as the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09case may be.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Afc Mortgage Loan Asset Backed Notes Series 2000-1)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a “P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance”), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.17, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any such Advance The Servicer’s obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or though the last Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan. The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer’s Certificate of the distribution Servicer, delivered to the Certificateholders on Purchaser or its designee, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 1 contract

Samples: Mortgage Loan Sale and Servicing Agreement (J.P. Morgan Alternative Loan Trust 2006-A2)

Advances by the Servicer. If, on any Determination Date, the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the 18th of the month, or if such day is not a Business Day, the next Business Day prior to the related Distribution Date in an amount equal to the amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to the 18th of the month, or if such day is not a Business Day, the next Business Day prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.03, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any funds being held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the Collection Account on or before any subsequent Distribution Date to the extent that funds in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, the Paying Agent and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Corp)

Advances by the Servicer. IfThe Servicer shall deposit in the related Collection Account at the time described below an amount equal to with respect to the Mortgage Loans, all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate and Credit Risk Manager Fee Rate) which were due on the related Mortgage Loans during the applicable Collection Period; provided however, that with respect to any Determination DateBalloon Loan that is delinquent on its maturity date, the Servicer will not be required to advance the related balloon payment but will be required to continue to make advances in accordance with this Section 4.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the original amortization schedule for that Mortgage Loan (with interest at the Mortgage Rate less the Servicing Fee Rate). The Servicer’s obligation to make such Advances as to any related Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such Mortgage Loan, or the related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to the terms of this Agreement. The Servicer shall not be required to advance shortfalls of principal or interest resulting from the application of the Relief Act. The Servicer shall be obligated to make Advances with respect to those Mortgage Loans serviced by it in accordance with the provisions of this Agreement; provided however, that such obligation with respect to any related Mortgage Loan shall cease if the Servicer determines, in its sole discretion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been receivedsuch Advances are Nonrecoverable Advances, the Servicer shall, unless it determines in its sole discretion that shall provide the Trustee with a certificate signed by a Servicing Officer evidencing such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make determination. If an Advance on or before the related Distribution Date in an amount equal is required to the amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03be made hereunder, the delinquent Monthly Payments referred to in the preceding sentence Servicer shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own Remittance Date immediately following the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Determination Date either (i) deposit in the related Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the such Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.034.01, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent the next Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09due.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mort Sec Corp Home Eq as Tr 03-5)

Advances by the Servicer. If, on any Determination Date, the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in an amount equal to the amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.03, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any funds being held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the Collection Account on or before any subsequent Distribution Date to the extent that funds in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, Financial Security and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Corp)

Advances by the Servicer. If, Not later than the close of business on any Determination the third Business Day preceding each Payment Date, the Servicer determines that any Monthly Payments due shall remit to the Trustee (but solely from and to the extent of amounts on deposit in the Principal and Interest Account as of the related Determination Date, after giving effect to withdrawals from the Principal and Interest Account as of the Determination Date for such Payment Date pursuant to Section 5.04(i)), an amount (the "Advance") equal to the sum of (a) the interest accrued in the related Due Period on the immediately preceding Mortgage Loans but uncollected as of the close of business on the last day of such Due Date have not been received, Period (net of the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds Servicing Fee) and (b) with respect to each REO Property which was acquired during or otherwise, make an Advance on or before prior to the related Distribution Date in Due Period and as to which an REO Disposition did not occur during the related Due Period, an amount equal to the amount excess, if any, of interest on the Principal Balance of such delinquent Monthly PaymentsREO Property computed at the related Mortgage Interest Rate (net of the Servicing Fee (computed in the manner described in paragraph (i) or (ii), after adjustment as applicable, of any delinquent interest payment the definition thereof)) for the Servicing Feemost recently ended Due Period over the net income from the REO Property deposited in the Principal and Interest Account during such Due Period pursuant to Section 5.10. For purposes Notwithstanding the provisions in the foregoing paragraph of this Section 6.036.08, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal with respect to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall Payment Dates occurring on or prior to such Distribution Date either (i) before December 15, 1998 if the amounts on deposit in the Collection Principal and Interest Account are insufficient to make the full Advance (as defined herein), and as a result thereof an amount equal to such AdvanceEvent of Nonpayment would occur, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.03, used by the Servicer to shall make such an Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any funds being held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the Collection Account on or before any subsequent Distribution Date equal to such insufficiency to the extent that funds in the Collection Account on of delinquent payments of interest and may reimburse itself for such Distribution Date shall be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders Advances from collections on the related Distribution Date. If the Servicer determines not Mortgage Loans pursuant to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.095.04(ii).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Eqcc Home Equity Loan Trust 1998-3)

Advances by the Servicer. If, on any Determination Date, the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Servicer Remittance Date in an amount equal to the amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution the related Servicer Remittance Date either (i) deposit in the Collection Account an amount equal to such Advance, (ii) cause to be made an appropriate entry in the 91 97 records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.03, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any funds being held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the Collection Account on or before any subsequent Distribution Servicer Remittance Date to the extent that funds in the Collection Account on such Distribution Servicer Remittance Date shall be less than the amount of payments required to be made to Certificateholders on such the related Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Servicer Remittance Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Homeside Mortgage Securities Inc /De/)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each related Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a “P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance”), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.17, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any such Advance shall be included with The Servicer’s obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last related Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan; provided, however, that such obligation shall cease if the Certificateholders on the related Distribution Date. If the Servicer Servicer, in its good faith judgment, determines that such P&I Advances would not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.recoverable pursuant to

Appears in 1 contract

Samples: Sale and Servicing Agreement (Sequoia Mortgage Trust 2011-2)

Advances by the Servicer. IfThe Servicer shall deposit in the Collection Account an amount equal to (i) with respect to the Mortgage Loans other than the Simple Interest Mortgage Loans, all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate) which were due on the related Mortgage Loans during the applicable Due Period and (ii) with respect to the Simple Interest Mortgage Loans, 30 day's interest on each such Mortgage Loan, less the Servicing Fee; provided however, that with respect to any Determination DateBalloon Loan that is delinquent on its maturity date, the Servicer will not be required to advance the related balloon payment but will be required to continue to make Advances in accordance with this Section 4.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the original amortization schedule for that Mortgage Loan (with interest at the Mortgage Rate less the Servicing Fee Rate). The Servicer's obligation to make such Advances as to any related Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such Mortgage Loan, or through the date that the related Mortgaged Property has, in the judgment of the Servicer, been completely liquidated. The Servicer shall be obligated to make Advances in accordance with the provisions of this Agreement; provided however, that such obligation with respect to any related Mortgage Loan shall cease if the Servicer determines, in its reasonable opinion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been receivedsuch Advances are Nonrecoverable Advances, the Servicer shall, unless it determines in its sole discretion that shall provide the Trustee and the Certificate Insurer with a certificate signed by a Servicing Officer evidencing such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make determination. If an Advance is required to be made hereunder, the Servicer shall on or before the second Business Day immediately preceding the Distribution Date immediately following the related Distribution Date in an amount equal to the amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Determination Date either (i) deposit in the Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.034.01, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent future Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09due.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Advances by the Servicer. IfThe Servicer shall deposit in a Collection Account an amount equal to (i) with respect to the Mortgage Loans other than the Simple Interest Mortgage Loans, all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate) which were due but not received on the related Mortgage Loans during the applicable Due Period and (ii) with respect to the Simple Interest Mortgage Loans, 30 day's interest on each such Mortgage Loan for which the Scheduled Payment was due but not received during the applicable Due Period, less the Servicing Fee; provided however, that with respect to any Determination DateBalloon Loan that is delinquent on its maturity date, the Servicer will not be required to advance the related balloon payment but will be required to continue to make Advances in accordance with this Section 4.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the original amortization schedule for that Mortgage Loan (with interest at the Mortgage Rate less the Servicing Fee Rate). The Servicer's obligation to make such Advances as to any related Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such Mortgage Loan, or through the date that the related Mortgaged Property has, in the judgment of the Servicer, been completely liquidated; provided however, that such obligation with respect to any Mortgage Loan shall cease if the Servicer determines, in its reasonable opinion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances; provided that the Servicer will be required to make Advances until the earlier of (i) the time at which the related Mortgage Loan becomes 120 days delinquent or (ii) the time at which the Servicer determines that such Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been receivedsuch Advances are Nonrecoverable Advances, the Servicer shall, unless it determines in its sole discretion that shall provide the Trustee with a certificate signed by a Servicing Officer evidencing such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make determination. If an Advance is required to be made hereunder, the Servicer shall on or before the second Business Day immediately preceding the Distribution Date immediately following the related Distribution Date in an amount equal to the amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Determination Date either (i) deposit in the Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.034.01, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent future Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determinationdue. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances of its own funds made pursuant to this Section as provided in Section 5.093.08.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CSFB Home Equity Mortgage Trust 2005-1)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each related Remittance Date, the Servicer determines that any shall either (a) deposit in the Custodial Account from its own funds an amount equal to (i) except in the case of Option ARM Mortgage Loans, the aggregate amount of all Monthly Payments (with interest adjusted to the Mortgage Loan Remittance Rate) which were due on the immediately preceding Mortgage Loans during the applicable Due Date have not been receivedPeriod and (ii) in the case of Option ARM Mortgage Loans, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in an amount equal to the aggregate amount of all scheduled payments of interest payable by the Mortgagor under the related Mortgage Note during the applicable Due Period, in each case, which were delinquent at the close of business on the immediately preceding Determination Date (each such delinquent Monthly Paymentsadvance, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an a “P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance”), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.17, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any The Servicer’s obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last related Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan; provided, however, that such Advance obligation shall cease if the Servicer, in its good faith judgment, determines that such P&I Advances would not be recoverable pursuant to Subsection 11.05(d). The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer’s Certificate of the distribution Servicer, delivered to the Certificateholders on Purchaser, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled not have any obligation to be reimbursed from advance amounts in respect of shortfalls relating to the Collection Account for all Advances Servicemembers Civil Relief Act and Nonrecoverable Advances as provided in Section 5.09similar state and local laws.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Lehman XS Trust Series 2006-14n)

Advances by the Servicer. IfEach Servicer shall deposit in a Collection Account an amount equal to all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate) which were due but not received on the related Mortgage Loans during the applicable Due Period; provided however, that with respect to any Balloon Loan that is delinquent on any Determination Dateits maturity date, the related Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before required to advance the related Distribution Date balloon payment but will be required to continue to make Advances in accordance with this Section 4.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the amount original amortization schedule for that Mortgage Loan (with interest at the Mortgage Rate less the Servicing Fee Rate). Each Servicer's obligation to make such Advances as to any related Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such Mortgage Loan, or through the date that the related Mortgaged Property has, in the judgment of such Servicer, been completely liquidated; provided however, that such obligation with respect to any related Mortgage Loan shall cease if such Servicer determines, in its reasonable opinion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances; provided that the related Servicer will be required to make Advances until the earlier of (i) (x) if the Mortgage Loan is an Old Republic Covered Loan and coverage under the Credit Insurance Policy is available, through the earlier of (A) liquidation of the related Mortgaged Property and (B) receipt of a payment with respect to such Mortgage Loan under the Credit Insurance Policy and (y) if the Mortgage Loan is not an Old Republic Covered Loan or if coverage under the Credit Insurance Policy is not available, through the time at which the related Mortgage Loan becomes 120 days delinquent Monthly Paymentsor (ii) the time at which the related Servicer determines that such Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that such Servicer determines that any such Advances are Nonrecoverable Advances, after adjustment of any delinquent interest payment for such Servicer shall provide the Trustee with a certificate signed by a Servicing FeeOfficer evidencing such determination. For purposes of this Section 6.03If an Advance is required to be made hereunder, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the related Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such the second Business Day immediately preceding the Distribution Date immediately following the related Determination Date either (i) deposit in the Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.034.01, used by the related Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the related Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent future Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determinationdue. The related Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances of its own funds made pursuant to this Section as provided in Section 5.093.08.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CSFB Home Equity Mortgage Trust 2005-4)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a “P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance”), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 3.06, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any such Advance The Servicer’s obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan. The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer’s Certificate of the distribution Servicer, delivered to the Certificateholders on Purchaser or its designee, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 1 contract

Samples: Flow Mortgage Loan Interim Servicing Agreement (J.P. Morgan Alternative Loan Trust 2006-S1)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each related Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a "P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance"), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.17, used by the Servicer to make such in discharge of any suc h P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any The Servicer's obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last related Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan; provided, however, that such Advance obligation shall cease if the Servicer, in its good faith judgment, determines that such P&I Advances would not be recoverable pursuant to Subsection 11.05(d). The determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer's Certificate of the distribution Servicer, delivered to the Certificateholders on Purchaser, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 1 contract

Samples: Flow Mortgage Loan Sale and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-18)

Advances by the Servicer. IfEach Servicer shall deposit in the related Collection Account at the time described below an amount equal to (i) with respect to the Mortgage Loans other than the Simple Interest Mortgage Loans, all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate) which were due on any Determination Datethe related Mortgage Loans during the applicable Due Period and (ii) with respect to the Simple Interest Mortgage Loans, 30 day's interest on each such Mortgage Loan, less the Servicer determines that any Monthly Payments due Servicing Fee, which were delinquent at the close of business on the immediately preceding Due Date have not been receivedDetermination Date; provided however, that with respect to any Balloon Loan that is delinquent on its maturity date, the related Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before required to advance the related Distribution Date balloon payment but will be required to continue to make advances in accordance with this Section 4.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the amount original amortization schedule for that Mortgage Loan (with interest at the Mortgage Rate less the Servicing Fee Rate). Each Servicer's obligation to make such Advances as to any related Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such delinquent Monthly PaymentsMortgage Loan, after adjustment of any delinquent interest payment for or the Servicing Fee. For purposes related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to the terms of this Section 6.03Agreement. To the extent required by Accepted Servicing Practices, each Servicer shall be obligated to make Advances with respect to those Mortgage Loans serviced by it in accordance with the provisions of this Agreement; provided however, that such obligation with respect to any related Mortgage Loan shall cease if such Servicer determines, in its sole discretion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that such Servicer determines that any such advances are Nonrecoverable Advances, such Servicer shall provide the Trustee with a certificate signed by a Servicing Officer evidencing such determination. If an Advance is required to be made hereunder, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the related Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution the applicable Servicer Remittance Date immediately following the Determination Date either (i) deposit in the related Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the such Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.034.01, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the such Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent future Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09due.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Advances by the Servicer. If, on any Determination Date, the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before two Business Days prior to the related Distribution Date in an amount equal to the amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Related Certificateholders. If the Servicer makes an Advance, it shall on or prior to two Business Days prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.03, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any funds being held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the Collection Account on or before any subsequent Distribution Date to the extent that funds in the Collection Account on such Distribution Date shall be less than the amount of payments required to be made to Related Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, the Paying Agent and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ChaseFlex Trust Series 2007-3)

Advances by the Servicer. IfThe Servicer shall deposit in a Collection Account an amount equal to all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate) which were due but not received on the related Mortgage Loans during the applicable Due Period; provided however, that with respect to any Balloon Loan that is delinquent on its maturity date, the Servicer will not be required to advance the related balloon payment but will be required to continue to make Advances in accordance with this Section 4.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the original amortization schedule for that Mortgage Loan (with interest at the Mortgage Rate less the Servicing Fee Rate). The Servicer's obligation to make such Advances as to any Determination Daterelated Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such Mortgage Loan, or through the date that the related Mortgaged Property has, in the judgment of the Servicer, been completely liquidated; provided however, that such obligation with respect to any related Mortgage Loan shall cease if the Servicer determines, in its reasonable opinion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances; provided that the Servicer will be required to make Advances until the earlier of (i) the time at which the related Mortgage Loan becomes 150 days delinquent or (ii) the time at which the Servicer determines that such Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been receivedsuch Advances are Nonrecoverable Advances, the Servicer shall, unless it determines in its sole discretion that shall provide the Trustee with a certificate signed by a Servicing Officer evidencing such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make determination. If an Advance is required to be made hereunder, the Servicer shall on or before the second Business Day immediately preceding the Distribution Date immediately following the related Distribution Date in an amount equal to the amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Determination Date either (i) deposit in the Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.034.01, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent future Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determinationdue. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances of its own funds made pursuant to this Section as provided in Section 5.093.08.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Home Equity Mortgage Pass-Through Certificates, Series 2004-FFB)

Advances by the Servicer. IfEach Servicer shall deposit in a Collection Account an amount equal to all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate) which were due but not received on the related Mortgage Loans during the applicable Due Period; provided however, that with respect to any Balloon Loan that is delinquent on any Determination Dateits maturity date, the related Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before required to advance the related Distribution Date balloon payment but will be required to continue to make Advances in accordance with this Section 4.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the original amortization schedule for that Mortgage Loan (with interest at the Mortgage Rate less the Servicing Fee Rate). The related Servicer will not be required, however, to make any Advances with respect to reductions in the amount of the Scheduled Payments on the Mortgage Loans due to bankruptcy proceedings or the application of the Relief Act. Each Servicer's obligation to make such Advances as to any related Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such Mortgage Loan, or through the date that the related Mortgaged Property has, in the judgment of such Servicer, been completely liquidated; provided however, that such obligation with respect to any related Mortgage Loan shall cease if such Servicer determines, in its reasonable opinion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances; provided that the related Servicer will be required to make Advances until the earlier of (i) the time at which the related Mortgage Loan becomes 120 days delinquent Monthly Paymentsor (ii) the time at which the related Servicer determines that such Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that such Servicer determines that any such Advances are Nonrecoverable Advances, after adjustment of any delinquent interest payment for such Servicer shall provide the Trustee with a certificate signed by a Servicing FeeOfficer evidencing such determination. For purposes of this Section 6.03If an Advance is required to be made hereunder, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the related Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such the second Business Day immediately preceding the Distribution Date immediately following the related Determination Date either (i) deposit in the Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.034.01, used by the related Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the related Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent future Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determinationdue. The related Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances of its own funds made pursuant to this Section as provided in Section 5.093.08.

Appears in 1 contract

Samples: Custodial Agreement (Home Equity Mortgage Pass-Through Certificates, Series 2006-1)

Advances by the Servicer. If, on any Determination On the Business Day immediately preceding each related Remittance Date, the Servicer determines that any Monthly Payments due on shall either (a) deposit in the immediately preceding Due Date have not been received, the Servicer shall, unless it determines in Custodial Account from its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before the related Distribution Date in own funds an amount equal to the aggregate amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent all Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal (with interest adjusted to the Monthly Payments that would have been Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which have been foreclosed or otherwise terminated and in connection with which were delinquent at the Servicer acquired and continues to own close of business on the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an immediately preceding Determination Date (each such advance, a “P&I Advance, it shall on or prior to such Distribution Date either (i) deposit in the Collection Account an amount equal to such Advance”), (iib) cause to be made an appropriate entry in the records of the Collection Custodial Account that funds in such account being amounts held for future distribution or withdrawal have been, as permitted by this Section 6.03Subsection 11.17, used by the Servicer to make in discharge of any such P&I Advance or (iiic) make P&I Advances in the form of any combination of clauses (ia) and or (iib) aggregating the total amount of such Advanceadvances to be made. Any funds being amounts held in the Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into in the Collection Custodial Account on or before any subsequent Distribution future Remittance Date to the extent that if funds in the Collection Custodial Account on such Distribution Remittance Date shall be less than payments to the amount of payments Purchaser required to be made to Certificateholders on such Distribution Remittance Date. Any The Servicer’s obligation to make P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last related Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan; provided, however, that such Advance obligation shall cease if the Servicer, in its good faith judgment, determines that such P&I Advances would not be recoverable pursuant to Subsection 11.05(d). The reasonable determination by the Servicer that a P&I Advance, if made, would be nonrecoverable, shall be included with evidenced by an Officer’s Certificate of the distribution Servicer, delivered to the Certificateholders on Purchaser, which details the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of reasons for such determination. The Servicer shall be entitled not have any obligation to be reimbursed from advance amounts in respect of shortfalls relating to the Collection Account for all Advances Servicemembers Civil Relief Act and Nonrecoverable Advances as provided in Section 5.09similar state and local laws.

Appears in 1 contract

Samples: Flow Mortgage Loan Sale and Servicing Agreement (Sequoia Mortgage Trust 2011-2)

Advances by the Servicer. IfThe Servicer shall deposit in a Collection Account an amount equal to (i) with respect to the Mortgage Loans other than the Simple Interest Mortgage Loans, all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate) which were due but not received on the related Mortgage Loans during the applicable Due Period and (ii) with respect to the Simple Interest Mortgage Loans, 30 day's interest on each such Mortgage Loan for which the Scheduled Payment was due but not received during the applicable Due Period, less the Servicing Fee; provided however, that with respect to any Determination DateBalloon Loan that is delinquent on its maturity date, the Servicer will not be required to advance the related balloon payment but will be required to continue to make Advances in accordance with this Section 4.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the original amortization schedule for that Mortgage Loan (with interest at the Mortgage Rate less the Servicing Fee Rate). The Servicer's obligation to make such Advances as to any related Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such Mortgage Loan, or through the date that the related Mortgaged Property has, in the judgment of the Servicer, been completely liquidated; provided however, that such obligation with respect to any Mortgage Loan shall cease if the Servicer determines, in its reasonable opinion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances; provided that the Servicer will be required to make Advances until the earlier of (i) (x) if the Mortgage Loan is an Old Republic Covered Loan and coverage under the Credit Insurance Policy is available, through the earlier of (A) liquidation of the related Mortgaged Property and (B) receipt of a payment with respect to such Mortgage Loan under the Credit Insurance Policy and (y) if the Mortgage Loan is not an Old Republic Covered Loan or if coverage under the Credit Insurance Policy is not available, through the time at which the related Mortgage Loan becomes 120 days delinquent or (ii) the time at which the Servicer determines that such Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been receivedsuch Advances are Nonrecoverable Advances, the Servicer shall, unless it determines in its sole discretion that shall provide the Trustee with a certificate signed by a Servicing Officer evidencing such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make determination. If an Advance is required to be made hereunder, the Servicer shall on or before the second Business Day immediately preceding the Distribution Date immediately following the related Distribution Date in an amount equal to the amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Determination Date either (i) deposit in the Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.034.01, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent future Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determinationdue. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances of its own funds made pursuant to this Section as provided in Section 5.093.08.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Home Equity Mortgage Pass-Through Certificates, Series 2004-4)

Advances by the Servicer. IfThe Servicer shall deposit in a Collection Account an amount equal to (i) with respect to the Mortgage Loans other than the Simple Interest Mortgage Loans, all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate) which were due but not received on the related Mortgage Loans during the applicable Due Period and (ii) with respect to the Simple Interest Mortgage Loans, 30 day's interest on each such Mortgage Loan for which the Scheduled Payment was due but not received during the applicable Due Period, less the Servicing Fee; provided however, that with respect to any Determination DateBalloon Loan that is delinquent on its maturity date, the Servicer will not be required to advance the related balloon payment but will be required to continue to make Advances in accordance with this Section 4.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the original amortization schedule for that Mortgage Loan (with interest at the Mortgage Rate less the Servicing Fee Rate). The Servicer's obligation to make such Advances as to any related Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such Mortgage Loan, or through the date that the related Mortgaged Property has, in the judgment of the Servicer, been completely liquidated; provided however, that such obligation with respect to any related Mortgage Loan shall cease if the Servicer determines, in its reasonable opinion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances; provided that the Servicer will be required to make Advances until the earlier of (i) the time at which the related Mortgage Loan becomes 120 days delinquent or (ii) the time at which the Servicer determines that such Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that the Servicer determines that any Monthly Payments due on the immediately preceding Due Date have not been receivedsuch Advances are Nonrecoverable Advances, the Servicer shall, unless it determines in its sole discretion that shall provide the Trustee with a certificate signed by a Servicing Officer evidencing such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make determination. If an Advance is required to be made hereunder, the Servicer shall on or before the second Business Day immediately preceding the Distribution Date immediately following the related Distribution Date in an amount equal to the amount of such delinquent Monthly Payments, after adjustment of any delinquent interest payment for the Servicing Fee. For purposes of this Section 6.03, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution Determination Date either (i) deposit in the Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.034.01, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent future Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determinationdue. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances of its own funds made pursuant to this Section as provided in Section 5.093.08.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Credit Suisse Fist Boston Home Equity Mort Trust 2003-3)

Advances by the Servicer. IfEach Servicer shall deposit in the related Collection Account at the time described below an amount equal to (i) with respect to the Mortgage Loans other than the Simple Interest Mortgage Loans, all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate) which were due on any Determination Datethe related Mortgage Loans during the applicable Due Period and (ii) with respect to the Simple Interest Mortgage Loans, 30 day's interest on each such Mortgage Loan, less the Servicer determines that any Monthly Payments due Servicing Fee and, with respect to such Simple Interest Mortgage Loan, which were delinquent at the close of business on the immediately preceding Due Date have not been receivedDetermination Date; provided however, that with respect to any Balloon Loan that is delinquent on its maturity date, the related Servicer shall, unless it determines in its sole discretion that such amounts will not be recoverable from Late Collections, Liquidation Proceeds or otherwise, make an Advance on or before required to advance the related Distribution Date balloon payment but will be required to continue to make advances in accordance with this Section 4.01 with respect to such Balloon Loan in an amount equal to an assumed scheduled payment that would otherwise be due based on the amount original amortization schedule for that Mortgage Loan (with interest at the Mortgage Rate less the Servicing Fee Rate). Each Servicer's obligation to make such Advances as to any related Mortgage Loan will continue through the last Scheduled Payment due prior to the payment in full of such delinquent Monthly PaymentsMortgage Loan, after adjustment of any delinquent interest payment for or the Servicing Fee. For purposes related Mortgaged Property or related REO Property has been liquidated or until the purchase or repurchase thereof (or substitution therefor) from the Trust Fund pursuant to the terms of this Section 6.03Agreement. To the extent required by Accepted Servicing Practices, each Servicer shall be obligated to make Advances with respect to those Mortgage Loans serviced by it in accordance with the provisions of this Agreement; provided however, that such obligation with respect to any related Mortgage Loan shall cease if such Servicer determines, in its sole discretion, that Advances with respect to such Mortgage Loan are Nonrecoverable Advances. In the event that such Servicer determines that any such advances are Nonrecoverable Advances, such Servicer shall provide the Trustee with a certificate signed by a Servicing Officer evidencing such determination. If an Advance is required to be made hereunder, the delinquent Monthly Payments referred to in the preceding sentence shall be deemed to include an amount equal to the Monthly Payments that would have been due on Mortgage Loans which have been foreclosed or otherwise terminated and in connection with which the related Servicer acquired and continues to own the Mortgaged Properties on behalf of the Certificateholders. If the Servicer makes an Advance, it shall on or prior to such Distribution the applicable Servicer Remittance Date immediately following the Determination Date either (i) deposit in the related Collection Account from its own funds an amount equal to such Advance, (ii) cause to be made an appropriate entry in the records of the such Collection Account that funds in such account being held for future distribution or withdrawal have been, as permitted by this Section 6.034.01, used by the Servicer to make such Advance or (iii) make Advances in the form of any combination of clauses (i) and (ii) aggregating the amount of such Advance. Any such funds being held in the a Collection Account for future distribution to Certificateholders and so used pursuant to clause (ii) or (iii) above shall be replaced by the such Servicer from its own funds by deposit into the in such Collection Account on or before any subsequent future Distribution Date to the extent that in which such funds in the Collection Account on such Distribution Date shall would be less than the amount of payments required to be made to Certificateholders on such Distribution Date. Any such Advance shall be included with the distribution to the Certificateholders on the related Distribution Date. If the Servicer determines not to make a Nonrecoverable Advance, it shall on the related Determination Date furnish to the Trustee, any co-trustee, and each Rating Agency notice of such determination. The Servicer shall be entitled to be reimbursed from the Collection Account for all Advances and Nonrecoverable Advances as provided in Section 5.09due.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

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