Common use of Establishment of and Deposits to Escrow Account Clause in Contracts

Establishment of and Deposits to Escrow Account. The Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain two (2) separate Escrow Accounts, each in the form of time deposit or demand accounts, one account for Escrow Payments relating to Reconstituted Mortgage Loans and one for Escrow Payments relating to all Mortgage Loans that are not subject to a Reconstitution. The Escrow Account relating to all Mortgage Loans that are not then subject to a Reconstitution shall be titled "[Name of Servicer] in trust for the benefit of Aurora Loan Services Inc., as Master Servicer and the Owner of Residential Mortgage Loans and various Mortgagors". The Escrow Account relating to all Reconstituted Mortgage Loans shall be titled "[Name of Servicer] in trust for the benefit of Aurora Loan Services Inc., as Master Servicer and the various Owners of Residential Mortgage Loans and various Mortgagors." The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account may be drawn on by the Servicer in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit B-1 hereto, in the case of an account established with the Servicer, or by a letter agreement in the form of Exhibit B-2 hereto, in the case of an account held by a depository other than the Servicer. A copy of such certification shall be furnished to the Owner and, upon request, to any subsequent Owner. The Servicer shall deposit in the Escrow Account or Accounts on a daily basis, and retain therein:

Appears in 37 contracts

Samples: Correspondent Servicing Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates, Series 2004-22), Correspondent Servicing Agreement (Sturctured Asset Securities Corp Mort Pass Thru Ser 2004-1), Correspondent Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2004-14)

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Establishment of and Deposits to Escrow Account. The Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain two (2) separate one or more Escrow Accounts, each in the form of time deposit or demand accounts, one account titled, “Saxon Mortgage Services, Inc., in trust for Escrow Payments relating to Reconstituted Xxxxxx Xxxxxxx Mortgage Loans Capital Holdings LLC and/or subsequent Owners, and one for Escrow Payments relating to all Mortgage Loans that are not subject to a Reconstitutionvarious Mortgagors”. The Escrow Account relating to all Mortgage Loans that are not then subject to a Reconstitution shall be titled "[Name of Servicer] in trust for the benefit of Aurora Loan Services Inc., as Master Servicer and the Owner of Residential Mortgage Loans and various Mortgagors". The Escrow Account relating to all Reconstituted Mortgage Loans shall be titled "[Name of Servicer] in trust for the benefit of Aurora Loan Services Inc., as Master Servicer and the various Owners of Residential Mortgage Loans and various Mortgagors." The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account Accounts may be drawn on by the Servicer in accordance with Section 4.072.07. The creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit B-1 4 hereto, in the case of an account established with the Servicer, or by a letter agreement in the form of Exhibit B-2 5 hereto, in the case of an account held by a depository other than the Servicer. A copy of such certification shall be furnished to the Owner and, upon request, to any subsequent Owner. The Servicer shall deposit in the Escrow Account or Accounts on a daily basisgenerally within two (2) Business Days following receipt thereof, but in no event more than three (3) Business Days following receipt thereof, and retain therein:therein all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement. The Servicer shall deposit in a segregated suspense account generally within two (2) Business Day following receipt thereof, but in no event no more than three (3) Business Days following receipt thereof, and retain therein all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The suspense account shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. The Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 2.07. The Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account or a suspense account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Servicer shall pay from its own funds interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.

Appears in 10 contracts

Samples: Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-12), Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-12), Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar)

Establishment of and Deposits to Escrow Account. The Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain two (2) separate one or more Escrow Accounts, each in the form of time term deposit or demand accounts, one account for Escrow Payments relating to Reconstituted Mortgage Loans and one for Escrow Payments relating to all Mortgage Loans that are not subject to a Reconstitution. The Escrow Account relating to all Mortgage Loans that are not then subject to a Reconstitution shall be titled "[Name of Servicer] in trust for the benefit of Aurora Loan Services Inc., as Master Servicer and the Owner of Residential Mortgage Loans and various Mortgagors". The Escrow Account relating to all Reconstituted Mortgage Loans shall be titled "[Name of Servicer] in trust for the benefit of Aurora Loan Services Inc., as Master Servicer and the various Owners of Residential Mortgage Loans and various Mortgagors." The Escrow or Accounts shall be established with a Qualified Depository. If the Escrow Account is held at a Qualified Depository the deposit accounts of which are insured by CDIC, any funds deposited in a manner which the Escrow Account shall provide maximum available insurance thereunderat all times be insured to the full extent permitted under applicable law. Funds deposited in the Escrow Account Accounts may be drawn on by the Servicer in accordance with Section 4.072.7. The creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit B-1 4 hereto, in the case of an account established with the Servicer, or by a letter agreement in the form of Exhibit B-2 hereto, in the case of an account held by a depository other than the Servicer. A copy of such certification certificate shall be furnished to the Owner Company and, upon request, to any subsequent OwnerCompany. The Servicer shall deposit in the Escrow Account or Accounts on a daily basiswithin one Business Day of receipt, and retain therein:therein all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement. The Servicer shall deposit in the Escrow Account or Accounts as soon as possible, but within a maximum of five (5) Business Days of receipt, all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 2.7. The Servicer shall be entitled to retain any interest paid on, or other income generated by and paid on, funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law of the Mortgage Loan File to be paid to the Mortgagor. To the extent required by law, the Servicer shall pay from its own funds interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.

Appears in 3 contracts

Samples: Servicing Agreement (Nb Capital Corp), Servicing Agreement (Nb Capital Corp), Servicing Agreement (Nb Finance LTD)

Establishment of and Deposits to Escrow Account. The Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain two (2) separate one or more Escrow Accounts, each in the form of time deposit or demand accounts, one account titled “Countrywide Home Loans Servicing LP, in trust for Escrow Payments relating to Reconstituted Mortgage Loans DB Structured Products, Inc. and one for Escrow Payments relating to all Mortgage Loans that are not subject to a Reconstitutionvarious Mortgagors”. The Escrow Account relating to all Mortgage Loans that are not then subject to a Reconstitution shall be titled "[Name of Servicer] in trust for the benefit of Aurora Loan Services Inc., as Master Servicer and the Owner of Residential Mortgage Loans and various Mortgagors". The Escrow Account relating to all Reconstituted Mortgage Loans shall be titled "[Name of Servicer] in trust for the benefit of Aurora Loan Services Inc., as Master Servicer and the various Owners of Residential Mortgage Loans and various Mortgagors." The Escrow Accounts shall be established with a Qualified DepositoryDepository as a Special Deposit Account, in a manner which shall provide maximum available insurance thereunderby the FDIC and as otherwise acceptable to the Rating Agencies. Funds deposited in the Escrow Account Accounts may be drawn on by the Servicer in accordance with Section 4.072.07. The creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit B-1 4 hereto, in the case of an account established with the ServicerServicer (provided the Servicer qualifies as a Qualified Depository), or by a letter agreement in the form of Exhibit B-2 5 hereto, in the case of an account held by a depository other than the Servicer. A copy of such certification shall be furnished to the Owner on or prior to the execution of this Agreement and, upon request, to any subsequent Owner. The Servicer shall deposit in the Escrow Account or Accounts on a daily basis, and retain therein:therein the following collections received by the Servicer (such collections being those received by Servicer within two Business Days prior to actual deposit into the Escrow Account):

Appears in 3 contracts

Samples: Flow Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Oa2), Flow Servicing Agreement (Deutsche Alt-B Securities Mortgage Loan Trust, Series 2006-Ab3), Flow Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Oa1)

Establishment of and Deposits to Escrow Account. The Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain two (2) separate one or more Escrow Accounts, each in the form of time deposit or demand accounts, one account titled, “GMAC Mortgage, LLC, in trust for Escrow Payments relating to Reconstituted Owners of Residential Fixed and Adjustable Rate Mortgage Loans Loans, and one for Escrow Payments relating to all Mortgage Loans that are not subject to a Reconstitutionvarious Mortgagors”. The Escrow Account relating to all Mortgage Loans that are not then subject to a Reconstitution shall be titled "[Name of Servicer] in trust for the benefit of Aurora Loan Services Inc., as Master Servicer and the Owner of Residential Mortgage Loans and various Mortgagors". The Escrow Account relating to all Reconstituted Mortgage Loans shall be titled "[Name of Servicer] in trust for the benefit of Aurora Loan Services Inc., as Master Servicer and the various Owners of Residential Mortgage Loans and various Mortgagors." The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account Accounts may be drawn on by the Servicer in accordance with Section 4.072.07. The creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit B-1 4 hereto, in the case of an account established with the Servicer, or by a letter agreement in the form of Exhibit B-2 5 hereto, in the case of an account held by a depository other than the Servicer. A copy of such certification shall be furnished to the Owner no later than the initial Transfer Date and, upon request, to any subsequent Owner. The Servicer shall deposit in the Escrow Account or Accounts on a daily basis, and retain therein:therein all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement. The Servicer shall deposit in a suspense account on a daily basis, and retain therein all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The suspense account shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. The Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 2.07. The Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account or a suspense account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Servicer shall pay from its own funds interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.

Appears in 2 contracts

Samples: Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-1), Servicing Agreement (Deutsche Alt-B Securities Mortgage Loan Trust, Series 2007-Ab1)

Establishment of and Deposits to Escrow Account. The Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain two (2) separate one or more Escrow Accounts, each in the form of time deposit or demand accounts, one account for Escrow Payments relating to Reconstituted titled, "GMAC Mortgage Loans and one for Escrow Payments relating to all Mortgage Loans that are not subject to a Reconstitution. The Escrow Account relating to all Mortgage Loans that are not then subject to a Reconstitution shall be titled "[Name of Servicer] Corporation, in trust for the benefit of Aurora Loan Services Inc., as Master Servicer and the Owner Owners of Residential Fixed and Adjustable Rate Mortgage Loans Loans, and various Mortgagors". The Escrow Account relating to all Reconstituted Mortgage Loans shall be titled "[Name of Servicer] in trust for the benefit of Aurora Loan Services Inc., as Master Servicer and the various Owners of Residential Mortgage Loans and various Mortgagors." The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account Accounts may be drawn on by the Servicer in accordance with Section 4.072.07. The creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit B-1 4 hereto, in the case of an account established with the Servicer, or by a letter agreement in the form of Exhibit B-2 5 hereto, in the case of an account held by a depository other than the Servicer. A copy of such certification shall be furnished to the Owner and, upon request, to any subsequent Owner. The Servicer shall deposit in the Escrow Account or Accounts on a daily basis, and retain therein:therein all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement. The Servicer shall deposit in a suspense account on a daily basis, and retain therein all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The suspense account shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. The Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 2.07. The Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account or a suspense account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Servicer shall pay from its own funds interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.

Appears in 1 contract

Samples: Servicing Agreement (Oak Street Financial Services Inc)

Establishment of and Deposits to Escrow Account. The Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain two (2) separate one or more Escrow Accounts, each in the form of time term deposit or demand accounts, one account for Escrow Payments relating to Reconstituted Mortgage Loans and one for Escrow Payments relating to all Mortgage Loans that are not subject to a Reconstitution. The Escrow Account relating to all Mortgage Loans that are not then subject to a Reconstitution shall be titled "[Name of Servicer] in trust for the benefit of Aurora Loan Services Inc., as Master Servicer and the Owner of Residential Mortgage Loans and various Mortgagors". The Escrow Account relating to all Reconstituted Mortgage Loans shall be titled "[Name of Servicer] in trust for the benefit of Aurora Loan Services Inc., as Master Servicer and the various Owners of Residential Mortgage Loans and various Mortgagors." The Escrow or Accounts shall be established with a Qualified Depository. If the Escrow Account is held at a Qualified Depository the deposit accounts of which are insured by the FDIC, any funds deposited in a manner which the Escrow Account shall provide maximum available insurance thereunderat all times be insured to the full extent permitted under applicable law. Funds deposited in the Escrow Account Accounts may be drawn on by the Servicer in accordance with Section 4.072.7. The creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit B-1 4 hereto, in the case of an account established with the Servicer, or by a letter agreement in the form of Exhibit B-2 hereto, in the case of an account held by a depository other than the Servicer. A copy of such certification shall be furnished to the Owner Company and, upon request, to any subsequent OwnerCompany. The Servicer shall deposit in the Escrow Account or Accounts on a daily basiswithin one Business Day of receipt, and retain therein:therein all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement. The Servicer shall deposit in the Escrow Account or Accounts as soon as possible, but within a maximum of five (5) Business Days of receipt, all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement as set forth in Section 2.7. The Servicer shall be entitled to retain any interest paid on, or other income generated by and paid on, funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law of the Mortgage Loan File to be paid to the Mortgagor. To the extent required by law, the Servicer shall pay from its own funds interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.

Appears in 1 contract

Samples: Servicing Agreement (Harris Preferred Capital Corp)

Establishment of and Deposits to Escrow Account. The Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain two (2) separate one or more Escrow Accounts, each in the form of time deposit or demand accounts, one account for Escrow Payments relating to Reconstituted Mortgage Loans and one for Escrow Payments relating to all Mortgage Loans that are not subject to a Reconstitution. The Escrow Account relating to all Mortgage Loans that are not then subject to a Reconstitution shall be titled "[Name of Servicer] titled, “ , in trust for the benefit of Aurora Loan Services Inc., as Master Servicer and the Owner of and/or subsequent Owners Residential Mortgage Loans Loans, and various Mortgagors". The Escrow Account relating to all Reconstituted Mortgage Loans shall be titled "[Name of Servicer] in trust for the benefit of Aurora Loan Services Inc., as Master Servicer and the various Owners of Residential Mortgage Loans and various Mortgagors." Mortgagors - T & I.” The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Upon request of the Owner and within ten (10) days thereof, the Servicer shall provide the Owner with written confirmation of the existence of such Escrow Account. Funds deposited in the Escrow Account may be drawn on by the Servicer in accordance with Section 4.072.07. The creation Servicer shall deposit in a suspense account on a daily basis, and retain therein all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Escrow Account Mortgaged Property. The suspense account shall be evidenced by established with a certification in the form of Exhibit B-1 heretoQualified Depository, in the case of an account established with the Servicer, or by a letter agreement in the form of Exhibit B-2 hereto, in the case of an account held by a depository other than the Servicer. A copy of such certification manner which shall be furnished to the Owner and, upon request, to any subsequent Ownerprovide maximum available insurance thereunder. The Servicer shall deposit in the Escrow Account or Accounts on a daily basiswithin two (2) Business Days of Servicer’s receipt, and retain therein:

Appears in 1 contract

Samples: Loan Servicing Agreement (Mortgageit Holdings Inc)

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Establishment of and Deposits to Escrow Account. The Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain two (2) separate one or more Escrow Accounts, each in the form of time deposit or demand accounts, one account for Escrow Payments relating to Reconstituted titled, "M&T Mortgage Loans and one for Escrow Payments relating to all Mortgage Loans that are not subject to a Reconstitution. The Escrow Account relating to all Mortgage Loans that are not then subject to a Reconstitution shall be titled "[Name of Servicer] Corporation, in trust for the benefit of Aurora Loan Services Inc., as Master Servicer and the Owner Owners of Residential Fixed and Adjustable Rate Mortgage Loans Loans, and various Mortgagors". The Escrow Account relating to all Reconstituted Mortgage Loans shall be titled "[Name of Servicer] in trust for the benefit of Aurora Loan Services Inc., as Master Servicer and the various Owners of Residential Mortgage Loans and various Mortgagors." The Escrow Accounts shall be established with a Qualified DepositoryDepository as a Special Deposit Account, in a manner which shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account Accounts may be drawn on by the Servicer in accordance with Section 4.072.09. The creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit B-1 4 hereto, in the case of an account established with the Servicer, or by a letter agreement in the form of Exhibit B-2 5 hereto, in the case of an account held by a depository other than the Servicer. A copy of such certification shall be furnished to the Owner and, upon request, to any subsequent Owner. The Servicer shall deposit in the Escrow Account or Accounts on a daily basis, and retain therein:therein all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement. The Servicer shall deposit in a suspense account on a daily basis, and retain therein all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The suspense account shall be established with a Qualified Depository as a Special Deposit Account, in a manner which shall provide maximum available insurance thereunder. The Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 2.09. The Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account or a suspense account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Servicer shall pay from its own funds interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.

Appears in 1 contract

Samples: Flow Servicing Agreement (GSAA Home Equity 2005-12)

Establishment of and Deposits to Escrow Account. The Servicer Company shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain two (2) separate one or more Escrow Accounts, each in the form of time deposit or demand accounts, one account for Escrow Payments relating to Reconstituted titled, "Option One Mortgage Loans and one for Escrow Payments relating to all Mortgage Loans that are not subject to a Reconstitution. The Escrow Account relating to all Mortgage Loans that are not then subject to a Reconstitution shall be titled "[Name of Servicer] Corporation, in trust for the benefit Bank of Aurora Loan Services Inc.America, as Master Servicer and the Owner National Association and/or subsequent purchasers of Residential Mortgage Loans Loans, and various Mortgagors". The Escrow Account relating to all Reconstituted Mortgage Loans shall be titled "[Name of Servicer] in trust for the benefit of Aurora Loan Services Inc., as Master Servicer and the various Owners of Residential Mortgage Loans and various Mortgagors.Mortgagors - T & I." The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Upon request of the Purchaser and within ten (10) days thereof, the Company shall provide the Purchaser with written confirmation of the existence of such Escrow Account. With respect to each Mortgage Loan, the Company may not waive (or permit a subservicer to waive) the requirement for an escrow deposit account unless (i) the Purchaser agrees in writing to the waiver or (ii) such waiver is required under state or federal law. Funds deposited in the Escrow Account may be drawn on by the Servicer Company in accordance with Section 4.074.08. The creation of any Escrow Account Company shall deposit into a clearing account (which must be evidenced by a certification in the form of Exhibit B-1 hereto, in the case of an account established with the Servicera Qualified Depository) in which it customarily deposits payments and collections on mortgage loans in connection with its mortgage loan servicing activities on a daily basis and in no event later than one (1) Business Day following receipt thereof, or by a letter agreement in the form of Exhibit B-2 hereto, in the case of an account held by a depository other than the Servicer. A copy of such certification shall be furnished to the Owner and, upon request, to any subsequent Owner. The Servicer and thereafter shall deposit in the Escrow Account or Accounts on a daily basiswithin one (1) Business Day after the deposit of such funds in the clearing account, and retain therein:

Appears in 1 contract

Samples: Sale and Servicing Agreement (ABFC 2006-Opt3 Trust)

Establishment of and Deposits to Escrow Account. The Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain two (2) separate one or more Escrow Accounts, each in the form of time deposit or demand accounts, one account titled, “GMAC Mortgage Corporation, in trust for Escrow Payments relating to Reconstituted Owners of Residential Fixed and Adjustable Rate Mortgage Loans Loans, and one for Escrow Payments relating to all Mortgage Loans that are not subject to a Reconstitution. various Mortgagors”.The Escrow Account relating to all Mortgage Loans that are not then subject to a Reconstitution shall be titled "[Name of Servicer] in trust for the benefit of Aurora Loan Services Inc., as Master Servicer and the Owner of Residential Mortgage Loans and various Mortgagors". The Escrow Account relating to all Reconstituted Mortgage Loans shall be titled "[Name of Servicer] in trust for the benefit of Aurora Loan Services Inc., as Master Servicer and the various Owners of Residential Mortgage Loans and various Mortgagors." The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. .Funds deposited in the Escrow Account Accounts may be drawn on by the Servicer in accordance with Section 4.072.07. The creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit B-1 4 hereto, in the case of an account established with the Servicer, or by a letter agreement in the form of Exhibit B-2 5 hereto, in the case of an account held by a depository other than the Servicer. .A copy of such certification shall be furnished to the Owner no later than the initial Transfer Date and, upon request, to any subsequent Owner. The Servicer shall deposit in the Escrow Account or Accounts on a daily basis, and retain therein:therein all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement. The Servicer shall deposit in a suspense account on a daily basis, and retain therein all amounts representing Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The suspense account shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. The Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 2.07. The Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account or a suspense account by the depository institution, other than interest on escrowed funds required by law to be paid to the Xxxxxxxxx.Xx the extent required by law, the Servicer shall pay from its own funds interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.

Appears in 1 contract

Samples: Servicing Agreement (Deutsche Alt-a Securities Inc)

Establishment of and Deposits to Escrow Account. The To the extent required by the related Mortgage Note, the Servicer shall segregate establish and hold maintain one or more accounts (each, an "Escrow Account") titled "Chase Home Finance as subservicer for JPMorgan Chase Bank, National Association in trust for Goldman Sachs Mortgage Company and various mortgagors," and shall dxxxxxx axx xxtain therein all funds collected collections from the Mortgagors for the payment of taxes, assessments, hazard and received pursuant to a Mortgage Loan constituting Escrow Payments flood insurance premiums or comparable items for the account of the Mortgagors separate and apart from any of its own funds and general assets and assets. Nothing herein shall require the Servicer to compel a Mortgagor to establish and maintain two (2) separate an Escrow Accounts, each Account in the form violation of time deposit or demand accounts, one account for Escrow Payments relating to Reconstituted Mortgage Loans and one for Escrow Payments relating to all Mortgage Loans that are not subject to a Reconstitutionapplicable law. The Escrow Account relating to all Mortgage Loans that are not then subject to a Reconstitution shall be titled "[Name of Servicer] in trust for the benefit of Aurora Loan Services Inc., as Master Servicer and the Owner of Residential Mortgage Loans and various Mortgagors". The Escrow Account relating to all Reconstituted Mortgage Loans shall be titled "[Name of Servicer] in trust for the benefit of Aurora Loan Services Inc., as Master Servicer and the various Owners of Residential Mortgage Loans and various Mortgagors." The Escrow Accounts shall be established with a Qualified Depository, in a manner which shall provide maximum available insurance thereunder. Funds deposited in the Escrow Account may be drawn on by the Servicer in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit B-1 hereto, in the case of an account established with the Servicer, or by a letter agreement in the form of Exhibit B-2 hereto, in the case of an account held by a depository other than the Servicer3.06. A copy of such certification or letter agreement shall be furnished to the Owner and, upon request, to any subsequent Ownerowner of the Mortgage Loans. The Servicer shall deposit in the Escrow Account or Accounts on a daily basis, and retain therein:: all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and all amounts representing Insurance Proceeds or Condemnation Proceeds that are to be applied to the restoration or repair of any Mortgaged Property. The Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 3.06. The Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.

Appears in 1 contract

Samples: Servicing Agreement (GSAA Home Equity Trust 2006-3)

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