Common use of Establishment of Custodial Accounts; Deposits in Custodial Accounts Clause in Contracts

Establishment of Custodial Accounts; Deposits in Custodial Accounts. The Servicer shall segregate and hold all funds collected and received pursuant to each Mortgage Loan separate and apart from any of its own funds and general assets and shall establish and maintain one or more Custodial Accounts. Any funds in a Custodial Account may be invested in Permitted Investments for the benefit of the Owner (with any income earned thereon for the benefit of the Servicer), provided that in the event that amounts on deposit in the Custodial Account exceed the amount fully insured by the FDIC (the "Insured Amount"), the Servicer shall be obligated to invest the excess amount over the Insured Amount in Permitted Investments on the same Business Day as such excess amount becomes present in the Custodial Account. Any such Permitted Investment shall mature no later than the Business Day immediately preceding the related Remittance Date. Funds deposited in the Custodial Account may be drawn on by the Servicer only in accordance with Section 4.05. The creation of any Custodial Account shall be evidenced by an account certification in the form shown in Exhibit B hereto. The original of such account certification shall be furnished to the Owner, or a copy to the NIMs Insurer, upon reasonable request. The NIMs Insurer, Master Servicer and the Trustee shall be notified of any change in the location of the Custodial Account. The Servicer acknowledges and agrees that the Servicer shall bear any losses incurred with respect to Permitted Investments. The amount of any such losses shall be immediately deposited by the Servicer in the Custodial Account, out of the Servicer's own funds, with no right to reimbursement therefor. The Servicer shall deposit in the Custodial Account within two (2) Business Days of Servicer's receipt, and retain therein, the following collections:

Appears in 8 contracts

Samples: Pooling and Servicing Agreement (Homestar Mortgage Acceptance Corp Asset-Backed Pass-Through Certificates, Series 2004-4), Pooling and Servicing Agreement (Homestar Mortgage Accep Corp Asst Back Certs Ser 2004-1), Pooling and Servicing Agreement (Opteum Mortgage Acceptance Corp Asset Backed Pass-Through Certificates, 2005-1)

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Establishment of Custodial Accounts; Deposits in Custodial Accounts. The Servicer shall segregate and hold all funds collected and received pursuant to each Mortgage Loan separate and apart from any of its own funds and general assets and shall establish and maintain one or more Custodial Accounts. Any funds in a Custodial Account may be invested in Permitted Investments for the benefit of the Owner (with any income earned thereon for the benefit of the Servicer), provided that in the event that amounts on deposit in the Custodial Account exceed the amount fully insured by the FDIC (the "Insured Amount"), the Servicer shall be obligated to invest the excess amount over the Insured Amount in Permitted Investments on the same Business Day as such excess amount becomes present in the Custodial Account. Any such Permitted Investment shall mature no later than the Business Day immediately preceding the related Remittance Date. Funds deposited in the Custodial Account may be drawn on by the Servicer only in accordance with Section 4.05. The creation of any Custodial Account shall be evidenced by an account certification in the form shown in Exhibit B hereto. The original of such account certification shall be furnished to the Owner, or a copy to the NIMs Insurer, upon reasonable request. The NIMs Insurer, Master Servicer and the Trustee shall be notified of any change in the location of the Custodial Account. The Servicer acknowledges and agrees that the Servicer shall bear any losses incurred with respect to Permitted Investments. The amount of any such losses shall be immediately deposited by the Servicer in the Custodial Account, out of the Servicer's ’s own funds, with no right to reimbursement therefor. The Servicer shall deposit in the Custodial Account within two (2) Business Days of Servicer's ’s receipt, and retain therein, the following collections:

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Opteum Mortgage Acceptance Corp. Asset-Backed Pass-Through Certificates, Series 2005-4), Pooling and Servicing Agreement (Opteum Mortgage Acceptance Corp Asset Backed Pass-Through Certificates, Series 2005-3)

Establishment of Custodial Accounts; Deposits in Custodial Accounts. The Servicer shall, or shall cause the Subservicer to, segregate and hold all funds collected and received pursuant to each Mortgage Loan separate and apart from any of its own funds and general assets and shall establish and maintain one or more Custodial Accounts. Any funds in a Custodial Account may be invested in Permitted Investments for in the benefit name of the Owner Indenture Trustee (with any income earned thereon for the benefit of the Servicer), provided that or the Subservicer in the event that amounts on deposit in the case of a Custodial Account exceed the amount fully insured established by the FDIC (the "Insured Amount"Subservicer), the Servicer shall be obligated to invest the excess amount over the Insured Amount in Permitted Investments on the same Business Day as such excess amount becomes present in the Custodial Account. Any such Permitted Investment shall mature no later than the Business Day immediately preceding the related Remittance Date. Funds deposited in the Custodial Account may be drawn on by the Servicer or the Subservicer only in accordance with Section 4.05. The creation of any Custodial Account shall be evidenced by an account certification in the form shown in Exhibit B hereto. The original of such account certification shall be furnished to the Owner, or a copy to the NIMs Insurer, Master Servicer upon reasonable request. The NIMs Insurer, Master Each of the Servicer and the Trustee shall be notified of any change in the location of the Custodial Account. The Servicer Subservicer acknowledges and agrees that the Servicer it shall bear any losses incurred with respect to Permitted InvestmentsInvestments it directs. The amount of any such losses shall be immediately deposited by the Servicer in or the Subservicer into the Custodial Account, out of the Servicer's its own funds, with no right to reimbursement therefor. The Servicer shall, or shall cause the Subservicer to, deposit in into the Custodial Account within two (2) Business Days of the Servicer's ’s or the Subservicer’s receipt, and retain therein, the following collections:

Appears in 2 contracts

Samples: Servicing Agreement (Peoples Choice Home Loan Securities Trust Series 2005-3), Servicing Agreement (Peoples Choice Home Loan Securities Trust Series 2005-2)

Establishment of Custodial Accounts; Deposits in Custodial Accounts. The Servicer shall segregate and hold all funds collected and received pursuant to each Mortgage Loan separate and apart from any of its own funds and general assets and shall establish and maintain one or more Custodial Accounts. Any Each Custodial Account shall be established with a Qualified Depository. To the extent such funds are not deposited in a Custodial Account Account, such funds may be invested in Permitted Investments for the benefit of the Owner (with any income earned thereon for the benefit of the Servicer), provided that in the event that amounts on deposit in the . Custodial Account exceed the amount fully insured by the FDIC (the "Insured Amount"), the Servicer shall Accounts will be obligated to invest the excess amount over the Insured Amount in Permitted Investments on the same Business Day as such excess amount becomes present in the Custodial Account. Any such Permitted Investment shall mature no later than the Business Day immediately preceding the related Remittance Datereconciled within 45 days after bank statement cutoff date. Funds deposited in the Custodial Account may be drawn on by the Servicer only in accordance with Section 4.05. The creation of any Custodial Account shall be evidenced by an account certification a letter agreement in the form shown in Exhibit B hereto. The original of such account certification letter agreement shall be furnished to the Owner, or a copy to the NIMs Insurer, Owner upon reasonable request. The NIMs Insurer, Master Servicer and the Trustee shall be notified of any change in the location of the Custodial Account. The Servicer acknowledges and agrees that the Servicer shall bear any losses incurred with respect to Permitted Investments. The amount of any such losses shall be immediately deposited by the Servicer in the Custodial Account, out of the Servicer's own funds, with no right to reimbursement therefor. The Servicer shall deposit in a mortgage clearing account on a daily basis, and in the Custodial Account within or Accounts no later than two (2) Business Days after receipt and identification of Servicer's receipt, funds and retain therein, therein the following payments and collections:

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2007-3), Servicing Agreement (Bear Stearns ALT-A Trust 2007-2)

Establishment of Custodial Accounts; Deposits in Custodial Accounts. The Servicer Seller shall segregate and hold all funds collected and received pursuant to each Mortgage Loan separate and apart from any of its own funds and general assets and shall establish and maintain one or more Custodial Accounts. Any funds in a Custodial Account may be invested in Permitted Investments for the benefit of the Owner (with any income earned thereon for the benefit of the Servicer), provided that in the event form of time deposit or demand accounts and the account shall not be held in any capacity that amounts on deposit in would create a debtor-creditor relationship between the Custodial Account exceed Seller and the amount fully insured by the FDIC (the "Insured Amount"), the Servicer shall be obligated to invest the excess amount over the Insured Amount in Permitted Investments on the same Business Day as such excess amount becomes present in the Custodial Account. Any such Permitted Investment shall mature no later than the Business Day immediately preceding the related Remittance Date. Funds deposited in the Custodial Account may be drawn on by the Servicer only in accordance with Section 4.05Purchaser. The creation of any Custodial Account shall be evidenced by an account certification a Custodial Account Letter Agreement in the form shown of Exhibit 6. At all times, the Purchaser shall be the sole beneficial owner of all funds in Exhibit B heretothe Custodial Accounts. The original Seller’s possession or control of any such account certification funds shall be furnished solely in the Seller’s capacity as collecting agent for the Purchaser. The Seller shall deposit in the related Custodial Account on a daily basis, and retain therein the following payments and collections received by it subsequent to the OwnerCut-off Date, or a copy received by it prior to the NIMs InsurerCut-off Date but allocable to a period subsequent thereto, upon reasonable requestother than in respect of principal and interest on the Mortgage Loans due on or before the Cut-off Date: all payments on account of principal on the Mortgage Loans; all payments on account of interest on the Mortgage Loans, including all Prepayment Charges; all Liquidation Proceeds; all Insurance Proceeds including amounts required to be deposited pursuant to Subsections 11.10 and 11.11, other than proceeds to be held in the Escrow Account and applied to the restoration or repair of the Mortgaged Property or released to the Mortgagor in accordance with the Seller’s normal servicing procedures, the loan documents or applicable law; all Condemnation Proceeds affecting any Mortgaged Property which are not released to the Mortgagor in accordance with the Seller’s normal servicing procedures, the loan documents or applicable law; all proceeds of any Mortgage Loan repurchased in accordance with Subsections 7.03 and 7.04 and all amounts required to be deposited by the Seller in connection with shortfalls in principal amount of Qualified Substitute Mortgage Loans pursuant to Subsection 7.03; any amounts required to be deposited by the Seller pursuant to Subsection 11.11 in connection with the deductible clause in any blanket hazard insurance policy. Such deposit shall be made from the Seller’s own funds, without reimbursement therefor; any amounts required to be deposited by the Seller in connection with any REO Property pursuant to Subsection 11.13; any amounts required to be deposited in the Custodial Account pursuant to Subsections 11.19 or 11.20; all Monthly Advances; and with respect to each Principal Prepayment, an amount (to be paid by the Seller out of its own funds without reimbursement therefor) which, when added to all amounts allocable to interest received in connection with such Principal Prepayment, equals one month’s interest on the amount of principal so prepaid at the Mortgage Interest Rate, provided, however, that in no event shall the aggregate of deposits made by the Seller pursuant to this clause (xi) exceed the aggregate amount of the Seller’s servicing compensation in the calendar month in which such deposits are required. The NIMs Insurerforegoing requirements for deposit in the Custodial Account shall be exclusive, Master Servicer it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of late payment charges and assumption fees, to the extent permitted by Subsection 11.21, need not be deposited by the Seller in the Custodial Account. Such Custodial Account shall be an Eligible Account. Any interest or earnings on funds deposited in the Custodial Account by the depository institution shall accrue to the benefit of the Seller and the Trustee Seller shall be notified entitled to retain and withdraw such interest from the related Custodial Account pursuant to Subsection 11.05(iii). The Seller shall give notice to the Purchaser of any change in the location of the Custodial AccountAccount when established and prior to any change thereof. The Servicer acknowledges and agrees that If the Servicer shall bear any losses incurred with respect to Permitted Investments. The amount of any such losses shall be immediately deposited by the Servicer in the Custodial Account, out of the Servicer's own funds, with no right to reimbursement therefor. The Servicer shall balance on deposit in the Custodial Account within two exceeds $75,000 as of the commencement of business on any Business Day and the Custodial Account constitutes an Eligible Account solely pursuant to clause (2ii) Business Days of Servicer's receipt, and retain thereinthe definition of Eligible Account, the following collections:Seller shall, on or before twelve o’clock noon Pacific time on such Business Day, withdraw from the related Custodial Account any and all amounts payable to the Purchaser and remit such amounts to the Purchaser by wire transfer of immediately available funds.

Appears in 1 contract

Samples: Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-He1)

Establishment of Custodial Accounts; Deposits in Custodial Accounts. The Servicer shall segregate and hold all funds collected and received pursuant to each Mortgage Loan separate and apart from any of its own funds and general assets and shall establish and maintain maintain, or cause to be established and maintained in accordance with the Option One Subservicing Agreement, one or more Custodial Accounts. Any funds in a Custodial Account may be invested in Permitted Investments for the benefit of the Owner (with any income earned thereon for the benefit of the Servicer), provided that in the event that amounts on deposit in the Custodial Account exceed the amount fully insured by the FDIC (the "Insured Amount"), the Servicer shall be obligated to invest the excess amount over the Insured Amount in Permitted Investments on the same Business Day as such excess amount becomes present in the Custodial Account. Any such Permitted Investment shall mature no later than the Business Day immediately preceding the related Remittance Date. The amount of any losses incurred in respect of any such Permitted Investments shall be deposited by the Servicer in the Custodial Account out of the Servicer's own funds immediately as realized. Funds deposited in the Custodial Account may be drawn on by the Servicer only in accordance with Section 4.05. The creation of any Custodial Account shall be evidenced by an account certification in the form shown in Exhibit EXHIBIT B hereto. The original of such account certification shall be furnished to the Owner, or a copy to the NIMs Insurer, Owner upon reasonable request. The NIMs Insurer, Master Servicer and the Indenture Trustee shall be notified of any change in the location of the Custodial Account. The Servicer acknowledges and agrees that the Servicer shall bear any losses incurred with respect to Permitted Investments. The amount of any such losses shall be immediately deposited by the Servicer in the Custodial Account, out of the Servicer's own funds, with no right to reimbursement therefor. The Servicer shall deposit in the Custodial Account within two (2) Business Days of Servicer's receipt, and retain therein, the following collections:

Appears in 1 contract

Samples: Servicing Agreement (Encore Credit Receivables Trust 2005-1)

Establishment of Custodial Accounts; Deposits in Custodial Accounts. The Servicer shall segregate and hold all funds collected and received pursuant to each Mortgage Loan separate and apart from any of its own funds and general assets and shall establish and maintain one or more Custodial AccountsAccounts titled "First Chicago NBD Mortgage Company, in trust for the Purchaser under the Seller's Purchase, Warranties and Servicing Agreement dated as of August 1, 2001 and/or subsequent purchasers of Mortgage Loans, and various Mortgagors - P & I." The Custodial Account shall be an Eligible Account. Any funds The Servicer agrees to enter into a securities account control agreement with the Purchaser and the Qualified Depository under which the Qualified Depository shall follow instructions exclusively from the Purchaser regarding the Custodial Account or accounts and including such other terms to be agreed between the parties thereto. The Funds deposited in a Custodial Account may be invested in Permitted Investments for the benefit of the Owner (with any income earned thereon for the benefit of the Servicer), provided that in the event that amounts on deposit in the Custodial Account exceed the amount fully insured by the FDIC (the "Insured Amount"), the Servicer shall be obligated to invest the excess amount over the Insured Amount in Permitted Investments on the same Business Day as such excess amount becomes present in the Custodial Account. Any such Permitted Investment shall mature no later than the Business Day immediately preceding the related Remittance Date. Funds deposited in the Custodial Account may be drawn on by the Servicer only in accordance with Section 4.05. The creation of any Custodial Account shall be evidenced by an account certification a letter agreement in the form shown in Exhibit B hereto. The original of such account certification letter agreement shall be furnished to the OwnerPurchaser on the Closing Date, or a copy to and upon the NIMs Insurer, upon reasonable request. The NIMs Insurer, Master Servicer and the Trustee shall be notified request of any change in the location of the Custodial Account. The Servicer acknowledges and agrees that the Servicer shall bear any losses incurred with respect to Permitted Investments. The amount of any such losses shall be immediately deposited by the Servicer in the Custodial Account, out of the Servicer's own funds, with no right to reimbursement thereforsubsequent purchaser. The Servicer shall deposit in the Custodial Account on a daily basis (within one day of receipt, or within two days of receipt in the case of clauses (2iii) Business Days of Servicer's receiptthrough (vi)), and retain therein, therein the following collectionspayments and collections received or made by it subsequent to the Cut-off Date, or received by it prior to the Cut-off Date but allocable to a period subsequent thereto, other than in respect of principal and interest on the Mortgage Loans due on or before the Cut-off Date:

Appears in 1 contract

Samples: Assignment, Assumption and Recognition Agreement (Gs Mortgage Securities Corp)

Establishment of Custodial Accounts; Deposits in Custodial Accounts. The Servicer shall segregate and hold all funds collected and received pursuant to each Mortgage Loan separate and apart from any of its own funds and general assets and shall establish and maintain one or more Custodial AccountsAccounts titled "Bank One, N.A., in trust for the Purchaser under the Seller's Purchase, Warranties and Servicing Agreement dated as of December 1, 2001 and/or subsequent purchasers of Mortgage Loans, and various Mortgagors - P & I." The Custodial Account shall be an Eligible Account. Any funds The Servicer agrees to enter into a securities account control agreement with the Purchaser and the Qualifed Depository under which the Qualified Depository shall follow instructions exclusively from the Purchaser regarding the Custodial Account or accounts and including such other terms to be agreed between the parties thereto. The Funds deposited in a Custodial Account may be invested in Permitted Investments for the benefit of the Owner (with any income earned thereon for the benefit of the Servicer), provided that in the event that amounts on deposit in the Custodial Account exceed the amount fully insured by the FDIC (the "Insured Amount"), the Servicer shall be obligated to invest the excess amount over the Insured Amount in Permitted Investments on the same Business Day as such excess amount becomes present in the Custodial Account. Any such Permitted Investment shall mature no later than the Business Day immediately preceding the related Remittance Date. Funds deposited in the Custodial Account may be drawn on by the Servicer only in accordance with Section 4.05. The creation of any Custodial Account shall be evidenced by an account certification a letter agreement in the form shown in Exhibit B hereto. The original of such account certification letter agreement shall be furnished to the OwnerPurchaser on the Closing Date, or a copy to and upon the NIMs Insurer, upon reasonable request. The NIMs Insurer, Master Servicer and the Trustee shall be notified request of any change in the location of the Custodial Account. The Servicer acknowledges and agrees that the Servicer shall bear any losses incurred with respect to Permitted Investments. The amount of any such losses shall be immediately deposited by the Servicer in the Custodial Account, out of the Servicer's own funds, with no right to reimbursement thereforsubsequent purchaser. The Servicer shall deposit in the Custodial Account on a daily basis (within one day of receipt, or within two days of receipt in the case of clauses (2iii) Business Days of Servicer's receiptthrough (vi)), and retain therein, therein the following collectionspayments and collections received or made by it subsequent to the Cut-off Date, or received by it prior to the Cut-off Date but allocable to a period subsequent thereto, other than in respect of principal and interest on the Mortgage Loans due on or before the Cut-off Date:

Appears in 1 contract

Samples: Warranties and Servicing Agreement (Gs Mortgage Securities Corp)

Establishment of Custodial Accounts; Deposits in Custodial Accounts. The Servicer shall segregate and hold all funds collected and received pursuant to each Mortgage Loan separate and apart from any of its own funds and general assets and shall establish and maintain one (1) or more Custodial Accounts. Any funds The Servicer shall deposit in a the Custodial Account: (i) all payments on account of principal, including Principal Prepayments, on the Mortgage Loans; (ii) all payments on account of interest on the Mortgage Loans; (iii) all liquidation proceeds; (iv) all insurance proceeds, other than proceeds to be held in the Escrow Account may be invested in Permitted Investments for and applied to the benefit restoration or repair of the Owner (Mortgaged Property or released to the Mortgagor in accordance with any income earned thereon for the benefit of the Servicer)’s normal servicing procedures, provided that the loan documents or applicable law; and (v) all condemnation proceeds affecting any Mortgaged Property which are not released to the Mortgagor in accordance with the event that amounts on Accepted Servicing Practices, the Mortgage Loan Documents or applicable law. The foregoing requirements for deposit in the Custodial Account exceed the amount fully insured by the FDIC (the "Insured Amount"), the Servicer shall be obligated to invest exclusive, it being understood and agreed that, without limiting the excess amount over generality of the Insured Amount in Permitted Investments on the same Business Day as such excess amount becomes present foregoing, payments in the Custodial Account. Any such Permitted Investment shall mature no later than the Business Day immediately preceding the related Remittance Date. Funds deposited in the Custodial Account may nature of late payment charges, prepayments with respect to any Mortgage Loan, assumption fees, and any other ancillary servicing fees to be drawn on retained by the Servicer only in accordance with Section 4.05. The creation of any Custodial Account shall need not be evidenced by an account certification in the form shown in Exhibit B hereto. The original of such account certification shall be furnished to the Owner, or a copy to the NIMs Insurer, upon reasonable request. The NIMs Insurer, Master Servicer and the Trustee shall be notified of any change in the location of the Custodial Account. The Servicer acknowledges and agrees that the Servicer shall bear any losses incurred with respect to Permitted Investments. The amount of any such losses shall be immediately deposited by the Servicer in the Custodial Account, out of the Servicer's own funds, with no right to reimbursement therefor. The Servicer shall deposit Any interest paid on funds deposited in the Custodial Account within two (2) Business Days by the depository institution shall accrue to the benefit of Servicer's receipt, the Servicer and the Servicer shall be entitled to retain therein, and withdraw such interest from the following collections:Custodial Account.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Angel Oak Mortgage, Inc.)

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Establishment of Custodial Accounts; Deposits in Custodial Accounts. The Servicer shall segregate and hold all funds collected and received pursuant to each Mortgage Loan separate and apart from any of its own funds and general assets and shall establish and maintain one or more Custodial AccountsAccounts titled "Bank One, N.A., in trust for the Purchaser under the Seller's Purchase, Warranties and Servicing Agreement dated as of February 1, 2002 and/or subsequent purchasers of Mortgage Loans, and various Mortgagors - P & I." The Custodial Account shall be an Eligible Account. Any funds The Servicer agrees to enter into a securities account control agreement with the Purchaser and the Qualifed Depository under which the Qualified Depository shall follow instructions exclusively from the Purchaser regarding the Custodial Account or accounts and including such other terms to be agreed between the parties thereto. The Funds deposited in a Custodial Account may be invested in Permitted Investments for the benefit of the Owner (with any income earned thereon for the benefit of the Servicer), provided that in the event that amounts on deposit in the Custodial Account exceed the amount fully insured by the FDIC (the "Insured Amount"), the Servicer shall be obligated to invest the excess amount over the Insured Amount in Permitted Investments on the same Business Day as such excess amount becomes present in the Custodial Account. Any such Permitted Investment shall mature no later than the Business Day immediately preceding the related Remittance Date. Funds deposited in the Custodial Account may be drawn on by the Servicer only in accordance with Section 4.05. The creation of any Custodial Account shall be evidenced by an account certification a letter agreement in the form shown in Exhibit B hereto. The original of such account certification letter agreement shall be furnished to the OwnerPurchaser on the Closing Date, or a copy to and upon the NIMs Insurer, upon reasonable request. The NIMs Insurer, Master Servicer and the Trustee shall be notified request of any change in the location of the Custodial Account. The Servicer acknowledges and agrees that the Servicer shall bear any losses incurred with respect to Permitted Investments. The amount of any such losses shall be immediately deposited by the Servicer in the Custodial Account, out of the Servicer's own funds, with no right to reimbursement thereforsubsequent purchaser. The Servicer shall deposit in the Custodial Account on a daily basis (within one day of receipt, or within two days of receipt in the case of clauses (2iii) Business Days of Servicer's receiptthrough (vi)), and retain therein, therein the following collectionspayments and collections received or made by it subsequent to the Cut-off Date, or received by it prior to the Cut-off Date but allocable to a period subsequent thereto, other than in respect of principal and interest on the Mortgage Loans due on or before the Cut-off Date:

Appears in 1 contract

Samples: Warranties and Servicing Agreement (Gs Mortgage Securities Corp)

Establishment of Custodial Accounts; Deposits in Custodial Accounts. The Servicer shall segregate and hold all funds collected and received pursuant to each Mortgage Loan separate and apart from any of its own funds and general assets and shall establish and maintain maintain, or cause to be established and maintained in accordance with the Option One Subservicing Agreement, one or more Custodial Accounts. Any funds in a Custodial Account may be invested in Permitted Investments for the benefit of the Owner (with any income earned thereon for the benefit of the Servicer), provided that in the event that amounts on deposit in the Custodial Account exceed the amount fully insured by the FDIC (the "Insured Amount"), the Servicer shall be obligated to invest the excess amount over the Insured Amount in Permitted Investments on the same Business Day as such excess amount becomes present in the Custodial Account. Any such Permitted Investment shall mature no later than the Business Day immediately preceding the related Remittance Date. The amount of any losses incurred in respect of any such Permitted Investments shall be deposited by the Servicer in the Custodial Account out of the Servicer’s own funds immediately as realized. Funds deposited in the Custodial Account may be drawn on by the Servicer only in accordance with Section 4.05. The creation of any Custodial Account shall be evidenced by an account certification in the form shown in Exhibit B hereto. The original of such account certification shall be furnished to the Owner, or a copy to the NIMs Insurer, Owner upon reasonable request. The NIMs Insurer, Master Servicer and the Indenture Trustee shall be notified of any change in the location of the Custodial Account. The Servicer acknowledges and agrees that the Servicer shall bear any losses incurred with respect to Permitted Investments. The amount of any such losses shall be immediately deposited by the Servicer in the Custodial Account, out of the Servicer's ’s own funds, with no right to reimbursement therefor. The Servicer shall deposit in the Custodial Account within two (2) Business Days of Servicer's receipt, and retain therein, the following collections:

Appears in 1 contract

Samples: Servicing Agreement (Encore Credit Receivables Trust 2005-2)

Establishment of Custodial Accounts; Deposits in Custodial Accounts. The Servicer Seller shall segregate and hold all funds collected and received pursuant to each Mortgage Loan separate and apart from any of its own funds and general assets and shall establish and maintain one or more Custodial Accounts. Any funds Each Custodial Account shall be an Eligible Account. Funds deposited in a Custodial Account may be invested in Permitted Investments for the benefit of the Owner (with any income earned thereon for the benefit of the Servicer), provided that in the event that amounts on deposit in the Custodial Account exceed the amount fully insured by the FDIC (the "Insured Amount"), the Servicer shall be obligated to invest the excess amount over the Insured Amount in Permitted Investments on the same Business Day as such excess amount becomes present in the Custodial Account. Any such Permitted Investment shall mature no later than the Business Day immediately preceding the related Remittance Date. Funds deposited in the Custodial Account may be drawn on by the Servicer only in accordance with Section 4.05. The creation of any Custodial Account shall be evidenced by an account certification a letter agreement in the form shown in Exhibit B hereto. The original of such account certification letter agreement shall be furnished to the OwnerPurchaser on the Closing Date, and upon the request of any subsequent purchaser. The Seller shall deposit in the Custodial Account on a daily basis, and retain therein the following payments and collections received or made by it subsequent to the Cut-off Date, or a copy received by it prior to the NIMs InsurerCut-off Date but allocable to a period subsequent thereto, upon reasonable request. The NIMs Insurerother than in respect of principal and interest on the Mortgage Loans due on or before the Cut-off Date: all payments on account of principal, Master Servicer and including Principal Prepayments, on the Trustee shall Mortgage Loans; all payments on account of interest on the Mortgage Loans adjusted to the Mortgage Interest Rate; all Liquidation Proceeds; any amounts required to be notified of any change in the location of the Custodial Account. The Servicer acknowledges and agrees that the Servicer shall bear any losses incurred with respect to Permitted Investments. The amount of any such losses shall be immediately deposited by the Servicer in connection with any REO Property pursuant to Section 4.13; all Insurance Proceeds including amounts required to be deposited pursuant to Sections 4.08, 4.10 and 4.11, other than proceeds to be held in the Custodial AccountEscrow Account and applied to the restoration or repair of the Mortgaged Property or released to the Mortgagor in accordance with Accepted Servicing Practices, out the loan documents or applicable law; all Condemnation Proceeds affecting any Mortgaged Property which are not released to the Mortgagor in accordance with the Seller's normal servicing procedures, the loan documents or applicable law; any Monthly Advances; all proceeds of any Mortgage Loan repurchased in accordance with Sections 3.03, 3.04 and 3.05; any amounts required to be deposited by the Servicer pursuant to Section 4.11 in connection with the deductible clause in any blanket hazard insurance policy, such deposit shall be made from the Servicer's own funds, with no right to without reimbursement therefor; and any amounts required to be deposited in the Custodial Account pursuant to Section 4.01 or Section 6.02. The Servicer shall foregoing requirements for deposit in the Custodial Account within two (2) Business Days shall be exclusive, it being understood and agreed that, without limiting the generality of Servicer's receiptthe foregoing, payments in the nature of late payment charges and assumption fees, to the extent permitted by Section 6.01, need not be deposited by the Seller in the Custodial Account. Any interest paid on funds deposited in the Custodial Account by the depository institution shall accrue to the benefit of the Servicer and the Servicer shall be entitled to retain therein, and withdraw such interest from the following collections:Custodial Account pursuant to Section 4.05(iv).

Appears in 1 contract

Samples: Servicing Agreement (E Loan Inc)

Establishment of Custodial Accounts; Deposits in Custodial Accounts. The Servicer shall segregate and hold all funds collected and received pursuant to each Mortgage Loan separate and apart from any of its own funds and general assets and shall establish and maintain one or more Custodial Accounts. Any Each Custodial Account shall be established with a Qualified Depository. To the extent such funds are not deposited in a Custodial Account Account, such funds may be invested in Permitted Investments for the benefit of the Owner (with any income earned thereon for the benefit of the Servicer), provided that in the event that amounts on deposit in the Custodial Account exceed the amount fully insured by the FDIC (the "Insured Amount"), the Servicer shall be obligated to invest the excess amount over the Insured Amount in Permitted Investments on the same Business Day as such excess amount becomes present in the Custodial Account. Any such Permitted Investment shall mature no later than the Business Day immediately preceding the related Remittance Date. Funds deposited in the Custodial Account may be drawn on by the Servicer only in accordance with Section 4.05. The creation of any Custodial Account shall be evidenced by an account certification a letter agreement in the form shown in Exhibit B hereto. The original of such account certification letter agreement shall be furnished to the Owner, or a copy Owner on the initial Servicing Transfer Date. The Servicer shall give notice to the NIMs Insurer, upon reasonable request. The NIMs Insurer, Master Servicer and the Trustee shall be notified of Owner prior to any change in of the location of the Custodial Account. The Servicer acknowledges and agrees that the Servicer shall bear any losses incurred with respect to Permitted Investments. The amount of any such losses shall be immediately deposited by the Servicer in the Custodial Account, as appropriate, out of the Servicer's ’s own funds, with no right to reimbursement therefor. The Servicer shall deposit in a mortgage clearing account (which account shall be established with a Qualified Depository) on a daily basis, and in the Custodial Account within two (2) or Accounts no later than the second Business Days Day after receipt of Servicer's receipt, funds and retain therein, therein the following payments and collections:

Appears in 1 contract

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

Establishment of Custodial Accounts; Deposits in Custodial Accounts. The Servicer shall segregate and hold all funds collected and received pursuant to each Mortgage Loan separate and apart from any of its own funds and general assets and shall establish and maintain maintain, or cause to be established and maintained in accordance with the Option One Subservicing Agreement, one or more Custodial Accounts. Any funds in a Custodial Account may be invested in Permitted Investments for the benefit of the Owner (with any income earned thereon for the benefit of the Servicer), provided that in the event that amounts on deposit in the Custodial Account exceed the amount fully insured by the FDIC (the "Insured Amount"), the Servicer shall be obligated to invest the excess amount over the Insured Amount in Permitted Investments on the same Business Day as such excess amount becomes present in the Custodial Account. Any such Permitted Investment shall mature no later than the Business Day immediately preceding the related Remittance Date. The amount of any losses incurred in respect of any such Permitted Investments shall be deposited by the Servicer in the Custodial Account out of the Servicer’s own funds immediately as realized. Funds deposited in the Custodial Account may be drawn on by the Servicer only in accordance with Section 4.05. The creation of any Custodial Account shall be evidenced by an account certification in the form shown in Exhibit B hereto. The original of such account certification shall be furnished to the Owner, or with a copy to the NIMs InsurerMaster Servicer, upon reasonable requestwithin 3 days of the creation of such Custodial Account. The NIMs Insurer, Master Servicer and the Indenture Trustee shall be notified given 30 days prior notice of any change in the location of the Custodial AccountAccount and the Servicer shall provide evidence to the Master Servicer and Indenture Trustee that such Custodial Account meets the requirements for Permitted Investments set forth in this Agreement. The Servicer acknowledges and agrees that the Servicer shall bear any losses incurred with respect to Permitted Investments. The amount of any such losses shall be immediately deposited by the Servicer in the Custodial Account, out of the Servicer's ’s own funds, with no right to reimbursement therefor. The Servicer shall deposit in the Custodial Account within two (2) Business Days of Servicer's receipt, and retain therein, the following collections:

Appears in 1 contract

Samples: Certification and Agreement (Encore Credit Receivables Trust 2005-3)

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