Settlement Disbursements Sample Clauses
The Settlement Disbursements clause outlines how funds received from a settlement are to be distributed among the parties involved. Typically, this clause specifies the order of payments, such as covering legal fees and costs first, followed by payment to the client or other entitled parties. Its core function is to ensure transparency and fairness in the allocation of settlement proceeds, preventing disputes over who receives what portion of the funds.
Settlement Disbursements. For each Mortgage Loan, including a Mortgage Loan secured by Mortgaged Property located in a Condominium Project or PUD, the Servicer is fully responsible for the disbursement of insurance loss settlements under each Hazard Insurance policy and each Flood Insurance policy where property damage is $10,000 or more, including but not limited to:
(a) arranging for and authorizing the restoration and rehabilitation of the related damaged Mortgaged Property in cooperation with the Borrower;
(b) subject to applicable law, applying the Insurance Proceeds to reduction of the Unpaid Principal Balance of such Mortgage Loan, provided that the Servicer (i) shall have determined that such proceeds are insufficient to repair and restore the related Mortgaged Property, or that the repair and restoration of such Mortgaged Property is not feasible; and (ii) shall have obtained authorization of the Master Servicer to make such application of the Insurance Proceeds;
(c) collecting, endorsing and disbursing the Insurance Proceeds and arranging for progress inspections and payments, if necessary;
(d) complying with all requirements of any Primary Mortgage Insurance policy pertaining to the filing of claims and the settlement of insurance losses to assure that the security of such Mortgage Loan is not impaired and that the coverage of such Primary Mortgage Insurance policy is not jeopardized or otherwise adversely affected;
(e) assuring, through the receipt of Borrower's affidavits, repair contract copies, lien waivers and the like, that the priority of the lien of the Security Instrument is preserved, and that the Insurance Proceeds are applied to the restoration or repair of the related Mortgaged Property if not applied in payment of such Mortgage Loan;
(f) obtain releases or waivers of liens and taking such other actions as are necessary to avoid the filing of laborers', materialmen's or mechanic's liens against the related Mortgaged Property; and
(g) maintaining procedures and practices acceptable to the Master Servicer and in conformity with Prudent Servicing Practices for the control and disposition of insurance loss drafts.
Settlement Disbursements. Subject to the terms and conditions of this Agreement, the Settlement Administrator will make the following payments from the Settlement Fund:
Settlement Disbursements. A. Subject to the terms of this Agreement and any order(s) of the Court, the Settlement Account shall be applied as follows:
(1) to pay any Fee and Expense Awards that are allowed by the Court; and (2) to distribute the balance of the Settlement Account to members of the Settlement Class who have not filed with the Court valid and timely requests for exclusion from this settlement, as allowed by the Agreement, any Distribution Plan, or order of the Court.
Settlement Disbursements. For each Mortgage Loan, including a Mortgage Loan secured by Mortgaged Property located in a Condominium Project or PUD, the Servicer is fully responsible for the disbursement of insurance loss settlements under each Hazard Insurance policy and each Flood Insurance policy where property damage is $10,000 or more, including but not limited to:
(a) arranging for and authorizing the restoration and rehabilitation of the related damaged Mortgaged Property in cooperation with the Borrower;
(b) subject to applicable law, applying the Insurance Proceeds to reduction of the Unpaid Principal Balance of such Mortgage Loan, provided that the Servicer (i) shall have determined that such proceeds are insufficient to repair and restore the related Mortgaged Property, or that the repair and restoration of such Mortgaged Property is not feasible; and (ii) shall have obtained authorization of the Master Servicer to make such application of the Insurance Proceeds;
(c) collecting, endorsing and disbursing the Insurance Proceeds and arranging for progress inspections and payments, if necessary;
Settlement Disbursements. All costs of administering this Settlement and the settlement of the Derivative Action, including but not limited to the Joint Notice of Proposed Settlement of Class Action and Derivative Action, Application for Attorneys’ Fees and Expenses, and Settlement Fairness Hearings, administering and distributing the Gross Settlement Fund, and taxes and other expenses, are the sole responsibility of the Plaintiffs and shall be paid out of the Gross Settlement Fund, as provided herein. The remainder of the Gross Settlement Fund after the payment of the above amounts, as well as attorneys’ fees and expenses shall constitute the “Net Settlement Fund,” which shall be distributed to the Authorized Claimants.
Settlement Disbursements