761 CMR 22.34
Application of Mortgage Payments
The Servicer must apply all payments under each Loan Participation to respective interest,
principal, escrow, and any late charge, inthat order. The Servicer must maintain accurate records of
all expenditures for taxes, assessments, and other public charges, hazard insurance premiums (if
collected) and mortgage insurance premiums, and must annually certify to MHMFA that allinsurance
premiums, taxes, and assessments have been fully and properly paid with respect to all Loan
Participations.
Servicer shall remit ten percent of all principal payments toSeller and 90% of all principal payments
to MHMFA.
From interest payments received, Servicer shall
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(a) deduct and retain a three eighths of one percent annual Servicing Fee, calculated monthly;
(b) remit to MHMFA monthly the MHMFA Required Rate;
(c) remit the balance, which shall not exceed the Adjusted Rate, to the Seller.
When payments due are not received, Servicer shall remit MHMFA's share of the interest to
MHMFA as though payments have been received; provided, however, that in lieu of remitting such
interest to MHMFA the Seller or Servicer shall have the option to purchase the Loan Participation
owned by MHMFA. Servicer shall receive reimbursement including Servicing Fee at the time the
delinquency is cured, or in the event of foreclosure, at the time of liquidation of the Mortgage Loan.
Reimbursement from foreclosure proceeds will be made to Seller and MHMFA on a pro-rata basis,
except that Servicer shall receive any Servicing Fee in arrears and the full amount of any interest
advanced to MHMFA.
When the Servicer received prepaid installments of principal and interest, such amounts should be
retained by the Servicer and only forwarded to MHMFA (and Seller) when due in accordance with
the regular predetermined amortization schedule of the mortgage loan.