Common use of Pre-Funding Account Clause in Contracts

Pre-Funding Account. (a) The Indenture Trustee shall establish and maintain with an Eligible Institution, which may be the Indenture Trustee in the name of the Trust, on behalf of the Trust, for the benefit of the Series 2010-A Noteholders, a segregated trust account (the “Pre-Funding Account”), bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Series 2010-A Noteholders. The Indenture Trustee shall possess all right, title and interest in all funds on deposit from time to time in the Pre-Funding Account and in all proceeds thereof. The Pre-Funding Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Series 2010-A Noteholders. If at any time the institution holding the Pre-Funding Account ceases to be an Eligible Institution, the Transferor shall notify the Indenture Trustee in writing, and the Indenture Trustee upon being notified (or the Servicer on its behalf) shall, within ten (10) Business Days, establish a new Pre-Funding Account meeting the conditions specified above with an Eligible Institution, and shall transfer any cash or any investments to such new Pre-Funding Account. The Indenture Trustee, at the written direction of the Servicer, shall make withdrawals from the Pre-Funding Account from time to time, in the amounts and for the purposes set forth in this Indenture Supplement. The Indenture Trustee at all times shall maintain accurate records reflecting each transaction in the Pre-Funding Account.

Pre-Funding Account. (a) The Indenture Trustee shall establish and maintain with an Eligible Institution, which may be the Indenture Trustee in the name of the Trust, on behalf of the TrustServicer, for the benefit of the Series 2010Grantor Trust Holder, shall cause to be established and maintained in the name of the Indenture Trustee a Pre-A Noteholders, a segregated trust account Funding Account (the “"Pre-Funding Account”"), bearing which shall be a designation clearly indicating that the funds deposited therein are held separate Eligible Account and may be interest-bearing, entitled "Pre-Funding Account, U.S. Bank National Association, as Indenture Trustee, in trust for the benefit Empire Funding Home Loan Asset Backed Notes, Series 1998-1." The Pre-Funding Account may be maintained with the Indenture Trustee or any other depository institution which satisfies the requirements set forth in the definition of the Series 2010-A NoteholdersEligible Account. The creation of a Pre-Funding Account other than one maintained with the Indenture Trustee shall possess all rightbe evidenced by a letter agreement between the Servicer and the depository institution acceptable to the Indenture Trustee. A copy of such letter agreement shall be furnished to the Indenture Trustee and, title and interest in all funds on deposit from time upon request of any Grantor Trust Holder, to time such Grantor Trust Holder. Funds in the Pre-Funding Account and in all proceeds thereof. The Pre-Funding Account shall be under invested in accordance with Section 5.03 hereof. On the sole dominion and control of Closing Date, the Indenture Grantor Trustee for the benefit of the Series 2010-A Noteholders. If at any time the institution holding will deposit in the Pre-Funding Account ceases the Pre-Funding Amount (which Pre-Funding Amount was received from the Depositor and derived from the net proceeds of the sale of the Notes). On each Subsequent Transfer Date, upon satisfaction of the conditions set forth in Section 2.07 of the Grantor Trust Agreement with respect to be an Eligible Institutionsuch transfer, the Transferor shall notify the Indenture Trustee in writing, and the Indenture Trustee upon being notified (or the Servicer on its behalf) shall, within ten (10) Business Days, establish a new Pre-Funding Account meeting the conditions specified above with an Eligible Institution, and shall transfer any cash or any investments to such new Pre-Funding Account. The Indenture Trustee, at the written direction of the Servicer, shall make withdrawals withdraw from the Pre-Funding Account from time an amount equal to time, in the amounts Principal Balances of the Subsequent Loans transferred to the Grantor Trustee on such Subsequent Transfer Date and for distribute such amount to or upon the purposes set forth in this Indenture Supplement. The Indenture Trustee at all times shall maintain accurate records reflecting each transaction in order of the Pre-Funding AccountTransferor.

Pre-Funding Account. (a) The Indenture Trustee shall establish and maintain with an Eligible Institution, which may be the Indenture Trustee in the name of the Trust, on behalf of the Trust, for the benefit of the Series 2010-A 20[•] Noteholders, a segregated trust account (the “Pre-Funding Account”), bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Series 2010-A 20[•] Noteholders. The Indenture Trustee shall possess all right, title and interest in all funds on deposit from time to time in the Pre-Funding Account and in all proceeds thereof. The Pre-Funding Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Series 2010-A 20[•] Noteholders. If at any time the institution holding the Pre-Funding Account ceases to be an Eligible Institution, the Transferor shall notify the Indenture Trustee in writing, and the Indenture Trustee upon being notified (or the Servicer on its behalf) shall, within ten (10) Business Days, establish a new Pre-Funding Account meeting the conditions specified above with an Eligible Institution, and shall transfer any cash or any investments to such new Pre-Funding Account. The Indenture Trustee, at the written direction of the Servicer, shall make withdrawals from the Pre-Funding Account from time to time, in the amounts and for the purposes set forth in this Indenture Supplement. The Indenture Trustee at all times shall maintain accurate records reflecting each transaction in the Pre-Funding Account.

Pre-Funding Account. (a) The Indenture Trustee shall establish and maintain with an Eligible Institution, which may be the Indenture Trustee in the name of the Trust, on behalf of the Trust, for the benefit of the Series 2010-A 201[•] Noteholders, a segregated trust account (the “Pre-Funding Account”), bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Series 2010-A 201[•] Noteholders. The Indenture Trustee shall possess all right, title and interest in all funds on deposit from time to time in the Pre-Funding Account and in all proceeds thereof. The Pre-Funding Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Series 2010-A 201[•] Noteholders. If at any time the institution holding the Pre-Funding Account ceases to be an Eligible Institution, the Transferor shall notify the Indenture Trustee in writing, and the Indenture Trustee upon being notified (or the Servicer on its behalf) shall, within ten (10) Business Days, establish a new Pre-Funding Account meeting the conditions specified above with an Eligible Institution, and shall transfer any cash or any investments to such new Pre-Funding Account. The Indenture Trustee, at the written direction of the Servicer, shall make withdrawals from the Pre-Funding Account from time to time, in the amounts and for the purposes set forth in this Indenture Supplement. The Indenture Trustee at all times shall maintain accurate records reflecting each transaction in the Pre-Funding Account.

Pre-Funding Account. (a) The Indenture Trustee shall establish and maintain with an Eligible Institution, which may be the Indenture Trustee in the name of the Trust, on behalf of the TrustServicer, for the benefit of the Series 2010Grantor Trust Holder, shall cause to be established and maintained in the name of the Indenture Trustee a Pre-A Noteholders, a segregated trust account Funding Account (the “"Pre-Funding Account”"), bearing which shall be a designation clearly indicating that the funds deposited therein are held separate Eligible Account and may be interest-bearing, entitled "Pre-Funding Account, The Bank of New York, as Indenture Trustee, in trust for the benefit Master Financial Home Loan Asset Backed Notes, Series 1998-2." The Pre-Funding Account may be maintained with the Indenture Trustee or any other depository institution which satisfies the requirements set forth in the definition of the Series 2010-A NoteholdersEligible Account. The creation of a Pre-Funding Account other than one maintained with the Indenture Trustee shall possess all rightbe evidenced by a letter agreement between the Servicer and the depository institution acceptable to the Indenture Trustee. A copy of such letter agreement shall be furnished to the Indenture Trustee and, title and interest in all funds on deposit from time upon request of any Grantor Trust Holder, to time such Grantor Trust Holder. Funds in the Pre-Funding Account and in all proceeds thereof. The Pre-Funding Account shall be under invested in accordance with Section 5.03 hereof. On the sole dominion and control of Closing Date, the Indenture Grantor Trustee for the benefit of the Series 2010-A Noteholders. If at any time the institution holding will deposit in the Pre-Funding Account ceases the Pre-Funding Amount (which Pre-Funding Amount was received from the Depositor and derived from the net proceeds of the sale of the Notes). On each Subsequent Transfer Date, upon satisfaction of the conditions set forth in Section 2.07 of the Grantor Trust Agreement with respect to be an Eligible Institutionsuch transfer, the Transferor shall notify the Indenture Trustee in writing, and the Indenture Trustee upon being notified (or the Servicer on its behalf) shall, within ten (10) Business Days, establish a new Pre-Funding Account meeting the conditions specified above with an Eligible Institution, and shall transfer any cash or any investments to such new Pre-Funding Account. The Indenture Trustee, at the written direction of the Servicer, shall make withdrawals withdraw from the Pre-Funding Account from time an amount equal to time, in the amounts Principal Balances of the Subsequent Loans transferred to the Grantor Trustee on such Subsequent Transfer Date and for distribute such amount to or upon the purposes set forth in this Indenture Supplement. The Indenture Trustee at all times shall maintain accurate records reflecting each transaction in written order of the Pre-Funding AccountTransferor.

Pre-Funding Account. (a) The No later than the Closing Date, the Bond Administrator, on behalf of the Indenture Trustee Trustee, shall establish and maintain with an Eligible Institution, which may be the Indenture Trustee in the name of the TrustIndenture Trustee one or more Eligible Accounts, which shall be titled "Pre- Funding Account, ________________________ as Indenture Trustee, on behalf of the registered Bondholders of NovaStar Mortgage Funding Trust, for the benefit of the Series 2010_________ Home Equity Loan Asset-A Noteholders, a segregated trust account Backed Bonds" (the “"Pre-Funding Account”"). On the Closing Date, bearing a designation clearly indicating that the funds Original Pre-Funded Amount with respect to each Group shall be deposited therein are held for the benefit of the Series 2010-A Noteholders. The Indenture Trustee shall possess all right, title and interest in all funds on deposit from time to time in the Pre-Funding Account from the proceeds of the sale of the Bonds and retained therein. Funds deposited in all proceeds thereof. The the Pre-Funding Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Series 2010-A Noteholders. If at any time the institution holding the Pre-Funding Account ceases to be an Eligible Institution, the Transferor shall notify the Indenture Trustee in writing, and the Indenture Trustee upon being notified (or the Servicer on its behalf) shall, within ten (10) Business Days, establish a new Pre-Funding Account meeting the conditions specified above with an Eligible Institution, and shall transfer any cash or any investments to such new Pre-Funding Account. The Indenture Trustee, at the written direction of the Servicer, shall make withdrawals from the Pre-Funding Account from time to time, in the amounts and for the purposes set forth in this Indenture Supplement. The Indenture Trustee at all times shall maintain accurate records reflecting each transaction held in the Pre-Funding Account, on behalf of the Indenture Trustee, for the Holders of the Bonds and the Bond Insurer for the uses and purposes set forth in the Indenture and the Purchase Agreement. If the Bond Administrator, on behalf of the Indenture Trustee, shall not have received an investment direction from the Issuer, the Bond Administrator, on behalf of the Indenture Trustee, will invest funds deposited in the Pre-Funding Account in Eligible Investments of the kind described in clause (vii) of the definition of Eligible Investments. The Issuer shall be the owner of the Pre-Funding Account and shall report all items of income, deduction, gain or loss arising therefrom. All income and gain realized from investment of funds deposited in the Pre-Funding Account shall be transferred to the Interest Coverage Account on each Payment Date.

Pre-Funding Account. (a) The Indenture Trustee shall establish and maintain with an Eligible Institution, which may be the Indenture Trustee in the name of the Trust, on behalf of the TrustServicer, for the benefit of the Series 2010Securityholders, shall cause to be established and maintained in the State of New York in the name of the Indenture Trustee a Pre-A Noteholders, a segregated trust account Funding Account (the “"Pre-Funding Account”"), bearing which shall be a designation clearly indicating that the funds deposited therein are held separate Eligible Account and may be interest-bearing, entitled "Pre-Funding Account, The Bank of New York, as Indenture Trustee, in trust for the benefit DiTech Home Loan Asset Backed Securities, Series 1997-1." The Pre-Funding Account may be maintained with the Indenture Trustee or any other depository institution which satisfies the requirements set forth in the definition of the Series 2010-A NoteholdersEligible Account. The creation of a Pre-Funding Account other than one maintained with the Indenture Trustee shall possess all rightbe evidenced by a letter agreement between the Servicer and the depository institution acceptable to the Indenture Trustee. A copy of such letter agreement shall be furnished to the Indenture Trustee and, title and interest in all funds on deposit from time upon request of any Securityholder, to time such Securityholder. Funds in the Pre-Funding Account and in all proceeds thereof. The Pre-Funding Account shall be under invested in accordance with Section 5.03 hereof. On the sole dominion and control of Closing Date, the Indenture Trustee for the benefit of the Series 2010-A Noteholders. If at any time the institution holding Trust will deposit in the Pre-Funding Account ceases the Pre-Funded Amount from the net proceeds of the sale of the Notes. On each Subsequent Transfer Date, upon satisfaction of the conditions set forth in Section 2.06 hereof with respect to be an Eligible Institutionsuch transfer, the Transferor shall notify the Indenture Trustee in writing, and the Indenture Trustee upon being notified (or the Servicer on its behalf) shall, within ten (10) Business Days, establish a new Pre-Funding Account meeting the conditions specified above with an Eligible Institution, and shall transfer any cash or any investments to such new Pre-Funding Account. The Indenture Trustee, at the written direction of the Servicer, shall make withdrawals withdraw from the Pre-Funding Account from time an amount equal to time, in the amounts Principal Balances of the Subsequent Loans transferred to the Issuer on such Subsequent Transfer Date and for distribute such amount to or upon the purposes set forth in this Indenture Supplement. The Indenture Trustee at all times shall maintain accurate records reflecting each transaction in order of the Pre-Funding AccountTransferor.

Pre-Funding Account. (a) The Indenture Trustee shall establish and maintain with an Eligible Institution, which may be the Indenture Trustee in the name of the Trust, on behalf of the Trust, for the benefit of the Series 20102006-A Noteholders, a segregated trust account (the “Pre-Funding Account”), bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Series 20102006-A Noteholders. The Indenture Trustee shall possess all right, title and interest in all funds on deposit from time to time in the Pre-Funding Account and in all proceeds thereof. The Pre-Funding Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Series 20102006-A Noteholders. If at any time the institution holding the Pre-Funding Account ceases to be an Eligible Institution, the Transferor shall notify the Indenture Trustee in writing, and the Indenture Trustee upon being notified (or the Servicer on its behalf) shall, within ten (10) Business Days, establish a new Pre-Funding Account meeting the conditions specified above with an Eligible Institution, and shall transfer any cash or any investments to such new Pre-Funding Account. The Indenture Trustee, at the written direction of the Servicer, shall make withdrawals from the Pre-Funding Account from time to time, in the amounts and for the purposes set forth in this Indenture Supplement. The Indenture Trustee at all times shall maintain accurate records reflecting each transaction in the Pre-Funding Account.

Pre-Funding Account. (a) The Indenture Trustee shall establish and maintain with an Eligible Institution, which may be the Indenture Trustee in the name Establishment of the Trust, on behalf of Pre-Funding Account. The Servicer hereby directs the TrustTrustee, for the benefit of the Series 2010-A Noteholders[__________] Holders, a segregated trust account to establish and maintain or cause to be established and maintained in the name of the Trustee, on behalf of the Series [__________] Holders, an Eligible Deposit Account (the “"Pre-Funding Account”"), bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Series 2010-A Noteholders[__________] Holders. The Indenture Transferor does hereby transfer, assign, set over and otherwise convey to the Trustee shall possess for the benefit of the Series [__________]Holders, without recourse, all of its right, title and interest in all funds on deposit from time in, to time in and under the Pre-Funding Account Account, any Eligible Investments on deposit therein and in all any proceeds thereofof the foregoing. The Pre-Funding Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Series 2010-A Noteholders[__________]Holders. If If, at any time the institution holding time, the Pre-Funding Account ceases to be an Eligible InstitutionDeposit Account, the Transferor Servicer shall notify direct the Indenture Trustee in writingto establish within ten Business Days a new Pre-Funding Account meeting the conditions specified above, transfer any cash or any investments from the old Pre-Funding Account to such new Pre-Funding Account and from the Indenture Trustee upon being notified (or date such new Pre-Funding Account is established, it shall be the "Pre-Funding Account." In addition, after five days' notice to the Trustee, the Servicer on its behalf) shall, within ten (10) Business Days, may direct the Trustee to establish a new Pre-Funding Account meeting the conditions specified above with an Eligible Institutionabove, and shall transfer any cash or any investments from the old Pre-Funding Account to such new Pre-Funding Account and from the date such new Pre-Funding Account is established, it shall be the "Pre-Funding Account. ." The Indenture Trustee, at the written direction of the Servicer, shall make withdrawals and payments from the Pre-Funding Account from time to time, in the amounts and time for the purposes set forth in this Indenture Supplement. The Indenture Trustee at all times shall maintain accurate records reflecting each transaction in the Pre-Funding Account.

Pre-Funding Account. (a) The No later than the Closing Date, the Indenture Trustee shall establish and maintain with an Eligible Institution, which may be the Indenture Trustee in the name of the Trust, on behalf of the Trust, for the benefit of the Series 2010-A Noteholders, a Indenture Trustee one or more segregated trust account (the “accounts that are Eligible Accounts, which shall be titled "Pre-Funding Account”), bearing a designation clearly indicating that the funds deposited therein are held _____________________, as indenture trustee for the benefit registered Bondholders of NovaStar Mortgage Funding Trust Series ______" (the "Pre-Funding Account"). On the Closing Date, the Original Pre-Funded Amount shall be deposited in the Pre- Funding Account from the proceeds of the Series 2010-A Noteholderssale of the Bonds and retained therein. The Indenture Trustee shall possess all right, title and interest in all funds on deposit from time to time Funds deposited in the Pre-Funding Account shall be held in trust by the Indenture Trustee for the Holders of the Bonds and the Bond Insurer for the uses and purposes set forth in all proceeds thereofthe Indenture and the Mortgage Loan Purchase Agreement. If the Indenture Trustee shall not have received an investment direction from the Issuer, the Indenture Trustee will invest funds deposited in the Pre-Funding Account in Eligible Investments of the kind described in clause (vii) of the definition of Eligible Investments. The Issuer shall be the owner of the Pre-Funding Account and shall report all items of income, deduction, gain or loss arising therefrom. All income and gain realized from investment of funds deposited in the Pre-Funding Account shall be under transferred to the sole dominion and control of the Indenture Trustee for the benefit of the Series 2010-A Noteholders. If at any time the institution holding the Pre-Funding Interest Coverage Account ceases to be an Eligible Institution, the Transferor shall notify the Indenture Trustee in writing, and the Indenture Trustee upon being notified (or the Servicer on its behalf) shall, within ten (10) Business Days, establish a new Pre-Funding Account meeting the conditions specified above with an Eligible Institution, and shall transfer any cash or any investments to such new Pre-Funding Account. The Indenture Trustee, at the written direction of the Servicer, shall make withdrawals from the Pre-Funding Account from time to time, in the amounts and for the purposes set forth in this Indenture Supplement. The Indenture Trustee at all times shall maintain accurate records reflecting each transaction in the Pre-Funding AccountPayment Date.

Pre-Funding Account. (a) The Indenture Trustee shall establish and maintain with an Eligible Institution, which may be the Indenture Trustee in the name of the Trust, on behalf of the TrustServicer, for the benefit of the Series 2010Securityholders, shall cause to be established and maintained in the name of the Indenture Trustee a Pre-A Noteholders, a segregated trust account Funding Account (the “"Pre-Funding Account”"), bearing which shall be a designation clearly indicating that the funds deposited therein are held separate Eligible Account and may be interest-bearing, entitled "Pre-Funding Account, Norwest Bank Minnesota, National Association, as Indenture Trustee, in trust for the benefit Life Financial Home Loan Asset Backed Notes, Series 1997-3." The Pre-Funding Account may be maintained with the Indenture Trustee or any other depository institution which satisfies the requirements set forth in the definition of the Series 2010-A NoteholdersEligible Account. The creation of a Pre-Funding Account other than one maintained with the Indenture Trustee shall possess all rightbe evidenced by a letter agreement between the Servicer and the depository institution acceptable to the Indenture Trustee. A copy of such letter agreement shall be furnished to the Indenture Trustee and, title and interest in all funds on deposit from time upon request of any Securityholder, to time such Securityholder. Funds in the Pre-Funding Account and in all proceeds thereof. The Pre-Funding Account shall be under invested in accordance with Section 5.03 hereof. On the sole dominion and control of Closing Date, the Indenture Owner Trustee for the benefit of the Series 2010-A Noteholders. If at any time the institution holding will deposit in the Pre-Funding Account ceases the Pre-Funding Amount (which Pre-Funding Amount was received from the Depositor and derived from the net proceeds of the sale of the Notes). On each Subsequent Transfer Date, upon satisfaction of the conditions set forth in Section 2.06 hereof with respect to be an Eligible Institutionsuch transfer, the Transferor shall notify the Indenture Trustee in writing, and the Indenture Trustee upon being notified (or the Servicer on its behalf) shall, within ten (10) Business Days, establish a new Pre-Funding Account meeting the conditions specified above with an Eligible Institution, and shall transfer any cash or any investments to such new Pre-Funding Account. The Indenture Trustee, at the written direction of the Servicer, shall make withdrawals withdraw from the Pre-Funding Account from time an amount equal to time, in the amounts Principal Balances of the Subsequent Loans transferred to the Issuer on such Subsequent Transfer Date and for distribute such amount to or upon the purposes set forth in this Indenture Supplement. The Indenture Trustee at all times shall maintain accurate records reflecting each transaction in order of the Pre-Funding AccountTransferor.