Attention. Please endorse the notes as follows: Please ship the loan documents either by ____________________ or by such other courier service as we have designated to you as "approved". The courier shall act as an independent contractor bailee acting solely on your behalf as Collateral Agent for the Secured Parties (as defined in that certain Third Amended and Restated Security and Collateral Agency Agreement dated as of July __, 1997, as the same may be amended, extended or replaced from time to time), but we acknowledge and agree that you are not responsible for any delays in shipment caused by courier or any other actions or inactions of the courier, including, without limitation, any loss of any loan documents; however, because the Commitment expires on _______________, 199_, we ask that you deliver the loan documents to the courier no later than _______________, 199_. Please have the courier bill xx by using our acct #__________. If you should have any questions, or should feel the need for additional documentation, please do not hesitate to call [SOURCE ONE MORTGAGE SERVICES CORPORATION, a Delaware corporation] [THE MORTGAGE AUTHORITY, a Delaware corporation] [CENTRAL PACIFIC MORTGAGE COMPANY, a California corporation] By:________________________________ Name:______________________________ Title:_____________________________ EXHIBIT 4 TO SECURITY AGREEMENT (Direct Investor) Date:____________ Name of Delivery Service:____________________________________ Airbill No.:____________________ FORM OF WHOLE LOAN SALE TRANSMITTAL LETTER [LETTERHEAD OF COLLATERAL AGENT] [Approved Investor] _________________________ _________________________ Re: Source One Mortgage Services Corporation; Sale of Mortgage Loans Attached please find those Mortgage Loans listed separately on the attached schedule, which Mortgage Loans are owned by SOURCE ONE MORTGAGE SERVICES CORPORATION (the "Company"), THE MORTGAGE AUTHORITY, ("TMA"), a wholly-owned subsidiary of the Company, or CENTRAL PACIFIC MORTGAGE COMPANY ("CPM"), a wholly-owned subsidiary of the Company, and are being delivered to you for purchase. The Mortgage Loans comprise a portion of the Collateral under (and as the term "Collateral" and capitalized terms not otherwise defined herein are defined in) that certain Third Amended and Restated Revolving Credit Agreement dated as of July__, 1997 by and among the Company, TMA, CPM, The First National Bank of Chicago, as Agent, and the Lenders thereunder. Each of the Mortgage Loans is subject to a security interest in favor of National City Bank of Kentucky (the "Collateral Agent") on behalf of the Secured Parties which security interest shall be automatically released upon your remittance of the full amount of the purchase price of such Mortgage Loan (as set forth on the schedule attached hereto) by wire transfer to the following account: WIRE INSTRUCTIONS TO SETTLEMENT ACCOUNT: ______________________ ______________________ ______________________ Pending your purchase of each Mortgage Loan and until payment therefor is received, the aforesaid security interest therein will remain in full force and effect, and you shall hold possession of such Collateral and the documentation evidencing same as custodian, agent and bailee for and on behalf of the Secured Parties. In the event any Mortgage Loan is unacceptable for purchase, return the -49- 50 rejected item directly to the Collateral Agent at the address set forth below. The Mortgage Loan must be so returned or sales proceeds remitted in full no later than [forty-five (45) days][UNLESS DELIVERED TO A GOVERNMENT HOUSING PROGRAM WHICH IS NOT A FEDERAL AGENCY] [seventy-five (75) days][IN THE CASE OF DELIVERY TO A GOVERNMENT HOUSING WHICH IS NOT A FEDERAL AGENCY] from the date hereof. In no event shall any Mortgage Loan be returned or sales proceeds remitted to the Company, TMA or CPM. If you are unable to comply with the above instructions, please so advise the undersigned immediately.
Appears in 1 contract
Samples: Security and Collateral Agency Agreement (Source One Mortgage Services Corp)
Attention. Please endorse the notes as follows: Please ship the loan documents either by ____________________ or by such other courier service as we have designated to you as "approved". The courier shall act as an independent contractor bailee acting solely on your behalf as Collateral Agent for the Secured Parties (as defined in that certain Third Second Amended and Restated Security and Collateral Agency Agreement dated as of July __November 12, 19971996, as the same may be amended, extended or replaced from time to time), but we acknowledge and agree that you are not responsible for any delays in shipment caused by courier or any other actions or inactions of the courier, including, without limitation, any loss of any loan documents; however, because the Commitment expires on _______________, 199_, we ask that you deliver the loan documents to the courier no later than _______________, 199_. Please have the courier bill xx by using our acct #__________. If you should have any questions, or should feel the need for additional documentation, please do not hesitate to call _______________. [SOURCE ONE MORTGAGE SERVICES CORPORATION, a Delaware corporation] [THE MORTGAGE AUTHORITY, a Delaware corporation] [CENTRAL PACIFIC MORTGAGE COMPANY, a California corporation] By:________________________________ Name:______________________________ Title:_____________________________ EXHIBIT 4 TO SECURITY AGREEMENT (Direct Investor) Date:____________ Name of Delivery Service:____________________________________ Airbill No.:____________________ FORM OF WHOLE LOAN SALE TRANSMITTAL LETTER [LETTERHEAD OF COLLATERAL AGENT] [Approved Investor] _________________________ _________________________ Re: Source One Mortgage Services Corporation; Sale of Mortgage Loans Attached please find those Mortgage Loans listed separately on the attached schedule, which Mortgage Loans are owned by SOURCE ONE MORTGAGE SERVICES CORPORATION (the "Company"), THE MORTGAGE AUTHORITY, ("TMA"), a wholly-owned subsidiary of the Company, or CENTRAL PACIFIC MORTGAGE COMPANY ("CPM"), a wholly-owned subsidiary of the Company, and are being delivered to you for purchase. The Mortgage Loans comprise a portion of the Collateral under (and as the term "Collateral" and capitalized terms not otherwise defined herein are defined in) that certain Third Second Amended and Restated Revolving Credit Agreement dated as of JulyNovember __, 1997 1996 by and among the Company, TMA, CPM, The First National Bank of Chicago, as Agent, and the Lenders thereunder. Each of the Mortgage Loans is subject to a security interest in favor of National City Bank of Kentucky (the "Collateral Agent") on behalf of the Secured Parties which security interest shall be automatically released upon your remittance of the full amount of the purchase price of such Mortgage Loan (as set forth on the schedule attached hereto) by wire transfer to the following account: WIRE INSTRUCTIONS TO SETTLEMENT ACCOUNT: _________________________ _________________________ _________________________ Pending your purchase of each Mortgage Loan and until payment therefor is received, the aforesaid security interest therein will remain in full force and effect, and you shall hold possession of such Collateral and the documentation evidencing same as custodian, agent and bailee for and on behalf of the Secured Parties. In the event any Mortgage Loan is unacceptable for purchase, return the -49- 50 rejected item directly to the Collateral Agent at the address set forth below. The Mortgage Loan must be so returned or sales proceeds remitted in full no later than [forty-five (45) days][UNLESS DELIVERED TO A GOVERNMENT HOUSING PROGRAM WHICH IS NOT A FEDERAL AGENCY] [seventy-five (75) days][IN THE CASE OF DELIVERY TO A GOVERNMENT HOUSING WHICH IS NOT A FEDERAL AGENCY] from the date hereof. In no event shall any Mortgage Loan be returned or sales proceeds remitted to the Company, TMA or CPM. If you are unable to comply with the above instructions, please so advise the undersigned immediately.
Appears in 1 contract
Samples: Security and Collateral Agency Agreement (Source One Mortgage Services Corp)
Attention. Please endorse the notes as follows: Please ship the loan documents either by ____________________ or by such other courier service as we have designated to you as "approved". The courier shall act as an independent contractor bailee acting solely on your behalf as Collateral Agent for the Secured Parties (as defined in that certain Third Fifth Amended and Restated Security and Collateral Agency Agreement dated as of July May ___, 19972006, as the same may be amended, extended or replaced from time to time), but we acknowledge and agree that you are not responsible for any delays in shipment caused by courier or any other actions or inactions of the courier, including, without limitation, any loss of any loan documents; however, because the Commitment expires on _______________, 199200_, we ask that you deliver the loan documents to the courier no later than _______________, 199200_. Please have the courier bill xx xxxx us by using our acct #__________. If you should have any questions, or should feel the need for additional documentation, please do not hesitate to call [SOURCE ONE _______________. PULTE MORTGAGE SERVICES CORPORATIONLLC, a Delaware corporation] [THE MORTGAGE AUTHORITY, a Delaware corporation] [CENTRAL PACIFIC MORTGAGE COMPANY, a California corporation] limited liability company By:___________________________________________________ Name:: ________________________________________________ Title:: _______________________________________________ EXHIBIT 4 TO SECURITY AGREEMENT (Direct Investor) Date:____________ Name of Delivery Service:____________________________________ Airbill No.:____________________ FORM OF WHOLE LOAN SALE TRANSMITTAL LETTER [LETTERHEAD OF COLLATERAL AGENT] [Approved Investor] _________________________ _________________________ Re: Source One Pulte Mortgage Services CorporationLLC; Pulte Funding, Inc. Sale of Mortgage Loans Attached please find those Mortgage Loans listed separately on the attached schedule, which Mortgage Loans are owned by SOURCE ONE PULTE MORTGAGE SERVICES CORPORATION (the "Company"), THE MORTGAGE AUTHORITY, LLC ("TMAPMC")) and/or PULTE FUNDING, a wholly-owned subsidiary of the Company, or CENTRAL PACIFIC MORTGAGE COMPANY INC. ("CPMPFI"), a wholly-owned subsidiary of the Company, ) and are being delivered to you for purchase. The Mortgage Loans comprise a portion of the Collateral collateral under (and as the term "Collateral" and capitalized terms not otherwise defined herein are defined in) that certain Third Sixth Amended and Restated Revolving Credit Agreement dated as of JulyMay __, 1997 2006 by and among the CompanyPMC, TMAJPMorgan Chase Bank, CPM, The First National Bank of ChicagoN.A., as Agent, and the Lenders thereunderlenders named therein and that certain Second Amended and Restated Loan Agreement dated as of August 19, 2005, as amended, among PMC, PFI, JPMorgan Chase Bank, N.A., Calyon New York Branch and others (collectively, the "Secured Parties"). Each of the Mortgage Loans is subject to a security interest in favor of National City Bank of Kentucky the undersigned (the "Collateral Agent") on behalf of the Secured Parties Parties, which security interest shall be automatically released upon your remittance of the full amount of the purchase price of such Mortgage Loan Loans (as set forth on the schedule attached hereto) by wire transfer to the following account: WIRE INSTRUCTIONS TO SETTLEMENT ACCOUNTCASH AND COLLATERAL ACCOUNT JPMorgan Chase Bank, N.A. ABA 000-000-00 DDA# 1928368 Ref: ______________________ ______________________ ______________________ Pulte Pending your purchase of each Mortgage Loan and until payment therefor is received, the aforesaid security interest therein will remain in full force and effect, and you shall hold possession of such Collateral and the documentation evidencing same as custodian, agent and bailee for and on behalf of the Secured Parties. In the event any Mortgage Loan is unacceptable for purchase, return the -49- 50 rejected item directly to the Collateral Agent at the address set forth below. The Mortgage Loan must be so returned or sales proceeds remitted in full no later than [forty-five (45) days][UNLESS DELIVERED TO A GOVERNMENT HOUSING PROGRAM WHICH IS NOT A FEDERAL AGENCY] [seventy-five (75) days][IN THE CASE OF DELIVERY TO A GOVERNMENT HOUSING WHICH IS NOT A FEDERAL AGENCY] calendar days from the date hereof. In no event shall any Mortgage Loan be returned to or sales proceeds remitted to the Company, TMA PMC or CPMPFI. If you are unable to comply with the above instructions, please so advise the undersigned immediately.
Appears in 1 contract
Attention. Please endorse the notes as follows: Please ship the loan documents either by ____________________ or by such other courier service as we have designated to you as "approved". The courier shall act as an independent contractor bailee acting solely on your behalf as Collateral Agent for the Secured Parties (as defined in that certain Third Fourth Amended and Restated Security and Collateral Agency Agreement dated as of July __June 30, 19972004, as the same may be amended, extended or replaced from time to time), but we acknowledge and agree that you are not responsible for any delays in shipment caused by courier or any other actions or inactions of the courier, including, without limitation, any loss of any loan documents; however, because the Commitment expires on _______________, 199200_, we ask that you deliver the loan documents to the courier no later than _______________, 199200_. Please have the courier bill xx xxxx us by using our acct #__________. If you should have any questions, or should feel the need for additional documentation, please do not hesitate to call [SOURCE ONE _______________. PULTE MORTGAGE SERVICES CORPORATIONLLC, a Delaware corporation] [THE MORTGAGE AUTHORITY, a Delaware corporation] [CENTRAL PACIFIC MORTGAGE COMPANY, a California corporation] limited liability company By:________________________________ Name:______________________________ Title:_____________________________ EXHIBIT 4 TO SECURITY AGREEMENT (Direct Investor) Date:____________ Name of Delivery Service:____________________________________ Airbill No.:____________________ FORM OF WHOLE LOAN SALE TRANSMITTAL LETTER [LETTERHEAD OF COLLATERAL AGENT] [Approved Investor] ___________________________ ___________________________ Re: Source One Pulte Mortgage Services CorporationLLC; Pulte Funding, Inc. Sale of Mortgage Loans Attached please find those Mortgage Loans listed separately on the attached schedule, which Mortgage Loans are owned by SOURCE ONE PULTE MORTGAGE SERVICES CORPORATION (the "Company"), THE MORTGAGE AUTHORITY, LLC ("TMAPMC")) and/or PULTE FUNDING, a wholly-owned subsidiary of the Company, or CENTRAL PACIFIC MORTGAGE COMPANY INC. ("CPMPFI"), a wholly-owned subsidiary of the Company, ) and are being delivered to you for purchase. The Mortgage Loans comprise a portion of the Collateral collateral under (and as the term "Collateral" and capitalized terms not otherwise defined herein are defined in) that certain Third Fifth Amended and Restated Revolving Credit Agreement dated as of July__June 30, 1997 2004 by and among the CompanyPMC, TMABank One, CPM, The First National Bank of ChicagoNA, as Agent, and the Lenders thereunderlenders named therein and that certain Amended and Restated Loan Agreement dated as of August 23, 2002 among PMC, PFI, Credit Lyonnais New York Branch, as Agent and the lenders named therein (collectively, the "Secured Parties"). Each of the Mortgage Loans is subject to a security interest in favor of National City Bank of Kentucky the undersigned (the "Collateral Agent") on behalf of the Secured Parties Parties, which security interest shall be automatically released upon your remittance of the full amount of the purchase price of such Mortgage Loan Loans (as set forth on the schedule attached hereto) by wire transfer to the following account: WIRE INSTRUCTIONS TO SETTLEMENT ACCOUNTCASH AND COLLATERAL ACCOUNT Bank One, N.A ABA 071-00-0013 DDA# 1928368 Ref: ______________________ ______________________ ______________________ Pulte Pending your purchase of each Mortgage Loan and until payment therefor is received, the aforesaid security interest therein will remain in full force and effect, and you shall hold possession of such Collateral and the documentation evidencing same as custodian, agent and bailee for and on behalf of the Secured Parties. In the event any Mortgage Loan is unacceptable for purchase, return the -49- 50 rejected item directly to the Collateral Agent at the address set forth below. The Mortgage Loan must be so returned or sales proceeds remitted in full no later than [forty-five (45) days][UNLESS DELIVERED TO A GOVERNMENT HOUSING PROGRAM WHICH IS NOT A FEDERAL AGENCY] [seventy-five (75) days][IN THE CASE OF DELIVERY TO A GOVERNMENT HOUSING WHICH IS NOT A FEDERAL AGENCY] calendar days from the date hereof. In no event shall any Mortgage Loan be returned to or sales proceeds remitted to the Company, TMA PMC or CPMPFI. If you are unable to comply with the above instructions, please so advise the undersigned immediately.
Appears in 1 contract
Samples: Security and Collateral Agency Agreement (Pulte Homes Inc/Mi/)
Attention. Please endorse the notes as follows: Please ship the loan documents either by ____________________ or by such other courier service as we have designated to you as "approved". ." The courier shall act as an independent contractor bailee acting solely on your behalf as Collateral Agent for the Secured Parties Lenders (as defined in in) that certain Third Amended and Restated Security and Collateral Agency Agreement dated as of July ___________, 19971996, as the same may be amended, extended or replaced from time to time), but we acknowledge and agree that you are not responsible for any delays in shipment caused by courier or any other actions or inactions of the courier, including, without limitation, any loss of any loan documents; however, because the Commitment expires on _______________, 199_, we ask that you deliver the loan documents to the courier no later than _________________, 199_. Please have the courier bill xx xxxx us by using our acct #____________. If you should have any questions, or should feel the need for additional documentation, please do not hesitate to call [SOURCE ONE MORTGAGE SERVICES CORPORATION, a Delaware corporation] [THE MORTGAGE AUTHORITY, a Delaware corporation] [CENTRAL PACIFIC MORTGAGE COMPANY, a California corporation] By:________________________________ EMERGENT MORTGAGE CORP., a South Carolina corporation By: Name: Title: EXHIBIT 5 TO SECURITY AGREEMENT (Investor/Custodian-Trustee) FORM OF WHOLE LOAN SALE TRANSMITTAL LETTER (LETTERHEAD OF COLLATERAL AGENT] Date:______________________________ Title:_____________________________ EXHIBIT 4 TO SECURITY AGREEMENT (Direct Dear [Investor) Date:____________ Name of Delivery Service:____________________________________ Airbill No.:____________________ FORM OF WHOLE LOAN SALE TRANSMITTAL LETTER [LETTERHEAD OF COLLATERAL AGENT/Custodian-Trustee] [Approved Investor] _________________________ _________________________ Re: Source One Emergent Mortgage Services Corporation; Corp.: Sale of Mortgage Loans Attached please find those Mortgage Loans listed separately on the attached schedule, which Mortgage Loans are owned by SOURCE ONE EMERGENT MORTGAGE SERVICES CORPORATION CORP., a South Carolina corporation (the "Company"), THE MORTGAGE AUTHORITY, ("TMA"), a wholly-owned subsidiary of the Company, or CENTRAL PACIFIC MORTGAGE COMPANY ("CPM"), a wholly-owned subsidiary of the Company, ) and are being delivered to you for purchasepurchase or for whole loan purchase and certification in connection with the formation of a mortgage pool supporting the issuance of a mortgage-backed security. The Mortgage Loans comprise a portion of the Collateral under (and as the term "Collateral" and capitalized terms not otherwise defined herein are defined in) that certain Third Amended and Restated Revolving Credit Mortgage Loan Warehousing Agreement dated as of July___________, 1997 1996 by and among the Company, TMAthe Collateral Agent, CPM, The First National Bank of Chicagothe Administrative Agent and the lenders party thereto from time to time, as Agent, and the Lenders thereunderamended or modified from time to time. Each of the Mortgage Loans is subject to a security interest in favor of National City Bank of Kentucky (the "Collateral Agent") undersigned on behalf of the Secured Parties "Lenders", as defined in that certain Security and Collateral Agency Agreement dated as of ____________, 1996 by and among the Company, the Administrative Agent and the Collateral Agent, as amended or modified from time to time, which security interest shall be automatically released upon your remittance of the full amount of the purchase price of such Mortgage Loan (as set forth on the schedule attached hereto) by wire transfer to the following accountaccount of the Company: WIRE INSTRUCTIONS TO SETTLEMENT ACCOUNT: ______________________ ______________________ ______________________ Pending your purchase of each Mortgage Loan and until payment therefor is received, the aforesaid security interest therein will remain in full force and effect, and you shall hold possession of such Collateral and the documentation evidencing same as custodian, agent and bailee for and on behalf of the Secured PartiesLenders. In the event any Mortgage Loan is unacceptable for purchasepurchase or pool formation, return the -49- 50 rejected item directly to the Collateral Agent at the address set forth below. In no event shall any Mortgage Loan be returned, or sales proceeds remitted, to the Company. The Mortgage Loan must be so returned or sales proceeds remitted in full no later than [forty-five (45) days][UNLESS DELIVERED TO A GOVERNMENT HOUSING PROGRAM WHICH IS NOT A FEDERAL AGENCY] [seventy-five (75) days][IN THE CASE OF DELIVERY TO A GOVERNMENT HOUSING WHICH IS NOT A FEDERAL AGENCY] days from the date hereof. In no event shall any Mortgage Loan Loans be returned or sales proceeds relating thereto be remitted to the Company, TMA or CPM. If you are unable to comply with the above instructions, please so advise the undersigned immediately.
Appears in 1 contract
Samples: Mortgage Loan Warehousing Agreement (Emergent Group Inc)
Attention. Please endorse the notes as follows: Please ship the loan documents either by ____________________ or by such other courier service as we have designated to you as "approved". The courier shall act as an independent contractor bailee acting solely on your behalf as Collateral Agent for the Secured Parties (as defined in that certain Third Amended and Restated Security and Collateral Agency Credit Agreement dated as of July __June 20, 1997, by and among the Borrower, The First National Bank of Chicago, as agent and certain lenders, as the same may be amended, extended or replaced from time to timetime and to which reference is made for the definitions of all capitalized terms used herein), but we acknowledge and agree that you are not responsible for any delays in shipment caused by the courier or any other actions or inactions of the courier, including, without limitation, any loss of any loan documents; however, because the Commitment expires on _______________, 199__, we ask that you deliver the loan documents to the courier no later than _______________, 199__. Please have the courier bill xx by using our acct #__________. If you should have any questions, or should feel the need for additional documentation, please do not hesitate to call [SOURCE ONE MORTGAGE SERVICES CORPORATION, a Delaware corporation] [THE MORTGAGE AUTHORITY, a Delaware corporation] [CENTRAL PACIFIC MORTGAGE COMPANY, a California corporation] By:________________________________ . MEGO MORTGAGE CORPORATION, a Delaware corporation By: ---------------------------------------- Name:______________________________ : -------------------------------------- Title:_____________________________ : ------------------------------------- EXHIBIT 4 TO SECURITY AGREEMENT (Direct Investor) Date:____________ Name of Delivery Service:____________________________________ Airbill No.:____________________ FORM OF WHOLE LOAN SALE TRANSMITTAL LETTER ------------------------------------------ [LETTERHEAD OF COLLATERAL AGENT] Date: Name of Delivery Service: ------------------ ------------------------ Airbill No.: ------------------------ [Approved Investor] _________________________ _________________________ ----------------- ------------------------------ ------------------------------ Re: Source One Mego Mortgage Services Corporation; Sale of Mortgage Qualifying Loans Attached please find those Mortgage Qualifying Loans listed separately on the attached schedule, which Mortgage Qualifying Loans are owned by SOURCE ONE MEGO MORTGAGE SERVICES CORPORATION (the "CompanyBorrower"), THE MORTGAGE AUTHORITY, ("TMA"), a wholly-owned subsidiary of the Company, or CENTRAL PACIFIC MORTGAGE COMPANY ("CPM"), a wholly-owned subsidiary of the Company, ) and are being delivered to you for purchase. The Mortgage Qualifying Loans comprise a portion of the Collateral under (and as the term "Collateral" and capitalized terms not otherwise defined herein are defined in) that certain Third Amended and Restated Revolving Credit Agreement dated as of July__June 20, 1997 by and among the CompanyBorrower, TMA, CPM, The First National Bank of Chicago, as Agent, the Agent and the Lenders thereunder, as amended from time to time. Each of the Mortgage Qualifying Loans is subject to a security interest in favor of National City Bank of Kentucky (the "Collateral Agent") undersigned on behalf of the Secured Parties which security interest shall be automatically released upon your remittance of the full amount of the purchase price of such Mortgage Qualifying Loan (as set forth on the schedule attached hereto) by wire transfer to the following accountaccount of the Borrower: WIRE INSTRUCTIONS TO SETTLEMENT ACCOUNT: ______________________ ______________________ ______________________ ---------------------------------------- ---------------------------------------- ---------------------------------------- Pending your purchase of each Mortgage Qualifying Loan and until payment therefor is received, the aforesaid security interest therein will remain in full force and effect, and you shall hold possession of such Collateral and the documentation evidencing same as custodian, agent and bailee for and on behalf of the Secured Parties. In the event any Mortgage Qualifying Loan is unacceptable for purchase, return the -49- 50 rejected item directly to the Collateral Agent at the address set forth below. The Mortgage Qualifying Loan must be so returned or sales proceeds remitted in full no later than [fortytwenty-five (4525) days][UNLESS DELIVERED TO A GOVERNMENT HOUSING PROGRAM WHICH IS NOT A FEDERAL AGENCY] [seventy-five (75) days][IN THE CASE OF DELIVERY TO A GOVERNMENT HOUSING WHICH IS NOT A FEDERAL AGENCY] days from the date hereof. In no event shall any Mortgage Qualifying Loan be returned or sales proceeds remitted to the Company, TMA or CPMBorrower. If you are unable to comply with the above instructions, please so advise the undersigned immediately.
Appears in 1 contract
Samples: Security and Collateral Agency Agreement (Mego Mortgage Corp)
Attention. Please endorse the notes as follows: Please ship the loan documents either by ____________________ or by such other courier service as we have designated to you as "approved". ." The courier shall act as an independent contractor bailee acting solely on your behalf as Collateral Agent for the Secured Parties (Lender, as defined in that certain Third Amended and Restated Security and Collateral Agency Mortgage Loan Warehousing Agreement dated as of July __________, 19971994, as the same may be amended, extended or replaced from time to time), but we acknowledge and agree that you are not responsible for any delays in shipment caused by courier or any other actions or inactions of the courier, including, without limitation, any loss of any loan documents; however, because the Commitment expires on _______________, 199_, we ask that you deliver the loan documents to the courier no later than _________________, 199_. Please have the courier bill xx by using our acct #____________. If you should have any questions, or should feel the need for additional documentation, please do not hesitate to call [SOURCE ONE MORTGAGE SERVICES CORPORATION, a Delaware corporation] [THE MORTGAGE AUTHORITY, a Delaware corporation] [CENTRAL PACIFIC MORTGAGE COMPANY, a California corporation] By:________________________________ CAROLINA INVESTORS, INC., a South Carolina corporation By: ------------------------- Name:: ----------------------- Title: ---------------------- EXHIBIT 5 TO SECURITY AGREEMENT (INVESTOR) FORM OF WHOLE LOAN SALE TRANSMITTAL LETTER [LETTERHEAD OF LENDER] __________ __, 1994 Dear [Investor]: Enclosed is(are) _____ original promissory note(s) in the original principal amount of $_________________ Title:_____________________________ EXHIBIT 4 TO SECURITY AGREEMENT (Direct Investor"Notes") Date:____________ Name of Delivery Service:____________________________________ Airbill No.:____________________ FORM OF WHOLE LOAN SALE TRANSMITTAL LETTER [LETTERHEAD OF COLLATERAL AGENT] [Approved Investor] _________________________ _________________________ Re: Source One Mortgage Services Corporation; Sale of evidencing the Mortgage Loans Attached please find those Mortgage Loans listed separately described on the attached scheduleSCHEDULE A, which Mortgage Loans are owned by SOURCE ONE MORTGAGE SERVICES CORPORATION along with other related documents (the collectively, "CompanyCollateral"), THE MORTGAGE AUTHORITY, . A security interest in the Collateral has been granted to First Union National Bank of North Carolina ("TMAFUNB") by Carolina Investors, Inc. ("Seller"), a wholly-owned subsidiary of the Company, . All Collateral now or CENTRAL PACIFIC MORTGAGE COMPANY ("CPM"), a wholly-owned subsidiary of the Company, and are being hereafter delivered to you is to be held by you as a bailee for purchase. The Mortgage Loans comprise a portion the benefit of the Collateral under (and as the term "Collateral" and capitalized terms not otherwise defined herein are defined in) that certain Third Amended and Restated Revolving Credit Agreement dated as of July__, 1997 by and among the Company, TMA, CPM, The First National Bank of Chicago, as AgentFUNB, and the Lenders thereunder. Each of the Mortgage Loans is subject to a security interest in favor FUNB's direction and control. By taking possession of National City Bank Collateral, you agree to the terms of Kentucky (the "Collateral Agent") on behalf of the Secured Parties which security interest shall be automatically released upon your remittance of the full amount of the purchase price of such Mortgage Loan (bailments as set forth in this letter. ***WIRE INSTRUCTIONS*** Payments for all notes accepted for purchase are to be wire transferred to FIRST UNION NATIONAL BANK OF NORTH CAROLINA (ABA #053000000) xx One Xxxxx Xxxxx Xxxxxx, Xxxxxxxxx, XX 00000-0000, xxr the account of Carolina Investors, Inc. (Acct. #20-0000020585). Please reference the Mortgagor(s)' name on the schedule attached hereto) by wire transfer to the following account: WIRE INSTRUCTIONS TO SETTLEMENT ACCOUNT: ______________________ ______________________ ______________________ Pending your purchase of each Mortgage Loan and until payment therefor is received, the aforesaid security interest therein will remain in full force and effect, and you shall hold possession of such Collateral and the documentation evidencing same as custodian, agent and bailee for and on behalf of the Secured Parties. In the event any Mortgage Loan is unacceptable for purchase, return the -49- 50 rejected item directly to the Collateral Agent at the address set forth below. The Mortgage Loan must be so returned or sales proceeds remitted in full no later than [forty-five (45) days][UNLESS DELIVERED TO A GOVERNMENT HOUSING PROGRAM WHICH IS NOT A FEDERAL AGENCY] [seventy-five (75) days][IN THE CASE OF DELIVERY TO A GOVERNMENT HOUSING WHICH IS NOT A FEDERAL AGENCY] from the date hereof. In no event shall any Mortgage Loan be returned or sales proceeds remitted to the Company, TMA or CPM. If you are unable to comply with the above instructions, please so advise the undersigned immediately.
Appears in 1 contract
Samples: Mortgage Loan Warehousing Agreement (Emergent Group Inc)
Attention. Please endorse the notes as follows: Please ship the loan documents Loan Documents either by _________________________ or by such other courier service as we have designated to you as "approved"specifically approved in writing. The courier shall act as an independent contractor bailee acting solely on your behalf as Collateral Agent for the Secured Parties (as defined in that certain Third Amended and Restated Security and Collateral Agency Agreement dated as of July __, 1997, as the same may be amended, extended or replaced from time to time), but we acknowledge and agree that you You are not responsible for any delays in shipment caused by courier or any other actions or inactions of the courier, including, without limitation, any loss of any loan documents; however. However, because the Commitment commitment expires on _________________________, 19919___, we ask that you deliver the loan documents Loan Documents to the courier no later than _________________________, 19919___. Please have the courier bill xx by using our acct #account no. _______________. If you should have any questions, or should feel the need for additional documentation, please do not hesitate to call [SOURCE ONE MORTGAGE SERVICES CORPORATION_________________________. __________________________________________, a Delaware corporation] [THE MORTGAGE AUTHORITY, a Delaware corporation] [CENTRAL PACIFIC MORTGAGE COMPANY, a California corporation] ____________________ corporation By:_______________________________________ Name:______________________________ Title:_____________________________ EXHIBIT 4 TO SECURITY AGREEMENT (Direct Investor) Date:____________ Name of Delivery ServiceTitle:____________________________________ Airbill EXHIBIT "D" Page 67 76 EXHIBIT "E" TRUST RECEIPT Trust Receipt No.:____________________ FORM OF WHOLE LOAN SALE TRANSMITTAL LETTER [LETTERHEAD OF COLLATERAL AGENT] [Approved Investor] _________________________ _________________________ Re: Source One Mortgage Services Corporation; Sale of Mortgage Loans Attached please find those Mortgage Loans listed separately on the attached schedule_, which Mortgage Loans are owned by SOURCE ONE MORTGAGE SERVICES CORPORATION (the "Company"), THE MORTGAGE AUTHORITY, ("TMA"), a wholly-owned subsidiary of the Company, or CENTRAL PACIFIC MORTGAGE COMPANY ("CPM"), a wholly-owned subsidiary of the Company, and are being delivered to you for purchase. The Mortgage Loans comprise a portion of the Collateral under (and as the term "Collateral" and capitalized terms not otherwise defined herein are defined in) that certain Third Amended and Restated Revolving Credit Agreement dated as of July19__, 1997 by and among the Company, TMA, CPM, _ The First National Bank of Chicago, as Agent, and the Lenders thereunder. Each of the Mortgage Loans is subject to a security interest in favor of National City Bank of Kentucky (the "Collateral Agent") on behalf of the Secured Parties which security interest shall be automatically released upon your remittance of the full amount of the purchase price of such Mortgage Loan (as set forth on the schedule attached hereto) by wire transfer to the following account: WIRE INSTRUCTIONS TO SETTLEMENT ACCOUNT: undersigned,______________________ ______________________ __, a ____________________corporation (the "Company"), acknowledges receipt from Bank United, a federal savings bank ("Lender"), pursuant to that certain Warehousing Credit and Security Agreement (Single-Family Mortgage Loans) dated effective as of April __ Pending your purchase of each Mortgage Loan ____, 1999, by and until payment therefor is receivedamong the Company, (the aforesaid security interest therein will remain in full force and effectother Borrower) , and you shall hold Lender (the "Agreement"), of the following described property (the "Trust Property"), possession of such Collateral and the documentation evidencing same as custodian, agent and bailee for and on behalf of the Secured Parties. In the event any Mortgage Loan which is unacceptable for purchase, return the -49- 50 rejected item directly herewith entrusted to the Collateral Agent at Company for the address purposes set forth below. The : Mortgage Loan must No. Note Amount: Obligor: Purpose: [Specify nature of clerical or other documentation problem to be so returned or sales corrected.] The Company hereby acknowledges that a security interest in the Trust Property and in the proceeds remitted in full no later than [forty-five (45) days][UNLESS DELIVERED TO A GOVERNMENT HOUSING PROGRAM WHICH IS NOT A FEDERAL AGENCY] [seventy-five (75) days][IN THE CASE OF DELIVERY TO A GOVERNMENT HOUSING WHICH IS NOT A FEDERAL AGENCY] from of the date hereofTrust Property has been granted to the Lender pursuant to the Agreement. In no event shall any Mortgage Loan be returned or sales proceeds remitted consideration of the delivery of the Trust Property by the Lender to the Company, TMA the Company hereby agrees to hold the Trust Property in trust for the Lender as provided under and in accordance with all provisions of the Agreement and to return the Trust Property to the Lender no later than the close of business on the tenth day following the date hereof or, if such day is not a Business Day, on the following Business Day. The Company further agrees that the aggregate Collateral Value of Single-family Mortgage Loans with respect to which notes or CPMother documentation has been released under trust receipts, does not exceed $500,000.00. If you are unable , ------------------------------------------- a -------------------- By: --------------------------------------- Name: ------------------------------------- Title: ------------------------------------ Delivery to comply Company Acknowledged BANK UNITED By: --------------------------- Name: ------------------------- Title: ------------------------ EXHIBIT "E" Page 68 77 The undersigned, acknowledges that the above-mentioned Trust Property has been returned to the Lender on __________________, 19___. BANK UNITED By: ---------------------------------------- Name: -------------------------------------- Title: ------------------------------------- EXHIBIT "E" Page 69 78 EXHIBIT "F" OFFICER'S CERTIFICATE COMPANY: HANOVER CAPITAL MORTGAGE HOLDINGS, INC. LENDER: BANK UNITED DATE: ----------------------------------------- REPORTING PERIOD: ended , 199 -------------------- ------------------ --- This certificate is delivered to Lender under the Warehousing Credit and Security Agreement dated effective as of April _____, 1999, among Borrowers, and Lender (the "Agreement"), all the defined terms of which have the same meanings when used herein. The undersigned officer hereby certifies that: (a) I am, and at all times mentioned herein have been, the duly elected, qualified, and acting officer of the Company designated below; (b) to the best of my knowledge, the Financial Statements of the Company for the period shown above (the "Reporting Period") and which accompany this certificate were prepared in accordance with GAAP and present fairly the financial condition of the Company as of the end of the Reporting Period and the results of their operations for the Reporting Period; (c) a review of the Agreement and of the activities of the Company during the Reporting Period has been made under my supervision with a view to determining the Company's compliance with the above instructionscovenants, please so advise requirements, terms, and conditions of the undersigned immediatelyAgreement, and such review has not disclosed the existence during or at the end of the Reporting Period (and I have no knowledge of the existence as of the date hereof) of any Event of Default or Default, except as disclosed on ANNEX "A" hereto (which specifies the nature and period of existence of each Event of Default or Default, if any, and what action the Company has taken, is taking, and propose to take with respect to each); (d) the calculations described on the attached ANNEX "A" evidence that the Company is in compliance with the requirements of Sections 7.4, 7.5, 7.6, 7.7, and 7.8 of the Agreement at the end of the Reporting Period (or if the Company is not in compliance, showing the extent of non-compliance and specifying the period of non-compliance and what actions the Company proposes to take with respect thereto; (e) the Company was, as of the end of the Reporting Period, in compliance and good standing with applicable FNMA, GNMA, FHLMC, and HUD net worth requirements. HANOVER CAPITAL MORTGAGE HOLDINGS, INC., a Maryland corporation By ---------------------------------------- Name: ------------------------------------- Title: ------------------------------------ EXHIBIT "F" Page 70 79 ANNEX "A" TO EXHIBIT "F" BORROWERS: HANOVER CAPITAL MORTGAGE HOLDINGS, INC. REPORTING PERIOD: -------------------------------------------- All financial calculations set forth herein are as of the Reporting Period.
Appears in 1 contract
Samples: Warehousing Credit and Security Agreement (Hanover Capital Mortgage Holdings Inc)
Attention. Please endorse the notes as follows: Please ship the loan documents either by _______________________ or by such other courier service as we have designated to you as "approved". The courier shall act as an independent contractor bailee acting solely on your behalf as Collateral Agent for the Secured Parties Lenders (as defined in that certain Third Amended and Restated Security and Collateral Agency Agreement dated as of July __August 23, 19972002, as the same may be amended, extended or replaced from time to time), but we acknowledge and agree that you are not responsible for any delays in shipment caused by courier or any other actions or inactions inaction of the courier, including, without limitation, any loss of any loan documents; however, because the Commitment expires on _______________, 199200_, we ask that you deliver the loan documents to the courier no later than _______________, 199200_. Please have the courier bill xx by using our acct #__________PULTE FUNDING, INC. If you should have any questions, or should feel the need for additional documentation, please do not hesitate to call [SOURCE ONE MORTGAGE SERVICES CORPORATION, a Delaware corporation] [THE MORTGAGE AUTHORITY, a Delaware corporation] [CENTRAL PACIFIC MORTGAGE COMPANY, a California corporation] By:________________________________ Name:______________________________ Title:_____________________________ D5A(b)-1 EXHIBIT 4 TO D-6(a) BAILEE AND SECURITY AGREEMENT (Direct LETTER FOR APPROVED INVESTORS DATE: [Investor) Date:____________ Name of Delivery Service:____________________________________ Airbill No.:____________________ FORM OF WHOLE LOAN SALE TRANSMITTAL LETTER [LETTERHEAD OF COLLATERAL AGENT's Name] [Approved Investor's Address] _________________________ _________________________ Re: Source One Mortgage Services Corporation; Pulte Funding, Inc.: Sale of Mortgage Loans Attached please find those Mortgage Loans listed separately on the attached schedule, which Mortgage Loans are owned by SOURCE ONE MORTGAGE SERVICES CORPORATION PULTE FUNDING, INC. (the "Company"), THE MORTGAGE AUTHORITY, ("TMA"), a wholly-owned subsidiary of the Company, or CENTRAL PACIFIC MORTGAGE COMPANY ("CPM"), a wholly-owned subsidiary of the Company, ) and are being delivered to you for purchase. The Mortgage Loans comprise a portion of the Collateral under (and as the term "Collateral" and capitalized terms not otherwise defined herein are defined in) that certain Third Amended and Restated Revolving Credit Loan Agreement dated entered into as of July__August 23, 1997 by and 2002 among the CompanyBorrower, TMAthe Issuers parties thereto, CPMthe Managing Agents parties thereto, The First National Bank of Chicagothe Banks parties thereto, Credit Lyonnais New York Branch, in its capacity as administrative agent for the "Lenders" (as defined therein) (in such capacity, the "Administrative Agent"), and the Lenders PULTE MORTGAGE CORPORATION, in its capacity as servicer thereunder. Each of the Mortgage Loans is subject to a security interest in favor of National City Bank of Kentucky (the "Collateral Agent") Administrative Agent on behalf of the Secured Parties Parties, which security interest shall be automatically released upon your remittance of the full amount of the purchase price of such Mortgage Loan (as set forth on the schedule attached hereto) by wire transfer to the following account: WIRE INSTRUCTIONS TO SETTLEMENT THE CASH & COLLATERAL ACCOUNT: ______________________ ______________________ ______________________ Account Number 0000000 with Bank One, NA, ABA# 000000000 Pending your purchase of each Mortgage Loan and until payment therefor is received, the aforesaid security interest therein will remain in full force and effect, and you shall hold possession of such Collateral and the documentation evidencing same as custodian, agent and bailee for and on behalf of the Secured Parties. In the event any Mortgage Loan is unacceptable for purchase, return the -49- 50 rejected item directly to the Collateral Agent at the address set forth below. The Mortgage Loan must be so returned or sales proceeds remitted in full no later than [forty-five (45) days][UNLESS DELIVERED TO A GOVERNMENT HOUSING PROGRAM WHICH IS NOT A FEDERAL AGENCY] [seventy-five (75) days][IN THE CASE OF DELIVERY TO A GOVERNMENT HOUSING WHICH IS NOT A FEDERAL AGENCY] calendar days from the date hereof. In no event shall any Mortgage Loan be returned to or sales proceeds remitted to the Company, TMA or CPM. If you are unable to comply with the above instructions, please so advise the undersigned immediately.
Appears in 1 contract
Attention. Please endorse the notes as follows: Please ship the loan documents either by ____________________ or by such other courier service as we have designated to you as "approved". The courier shall act as an independent contractor bailee acting solely on your behalf as Collateral Agent for the Secured Parties (as defined in that certain Third Fourth Amended and Restated Security and Collateral Agency Agreement dated as of July __10, 19971998, as the same may be amended, extended or replaced from time to time), but we acknowledge and agree that you are not responsible for any delays in shipment caused by courier or any other actions or inactions of the courier, including, without limitation, any loss of any loan documents; however, because the Commitment expires on _______________, 199_, we ask that you deliver the loan documents to the courier no later than _______________, 199_. Please have the courier bill xx by using our acct #__________. If you should have any questions, or should feel the need for additional documentation, please do not hesitate to call [______________. SOURCE ONE MORTGAGE SERVICES CORPORATION, a Delaware corporation] [THE MORTGAGE AUTHORITY, a Delaware corporation] [CENTRAL PACIFIC MORTGAGE COMPANY, a California corporation] corporation By:________________________________ Name:______________________________ Title:_____________________________ 39 EXHIBIT 4 TO SECURITY AGREEMENT (Direct Investor) Date:____________ Name of Delivery Service:____________________________________ Airbill No.:____________________ FORM OF WHOLE LOAN SALE TRANSMITTAL LETTER [LETTERHEAD OF COLLATERAL AGENT] [Approved Investor] _________________________ _________________________ Re: Source One Mortgage Services Corporation; Sale of Mortgage Loans Attached please find those Mortgage Loans listed separately on the attached schedule, which Mortgage Loans are owned by SOURCE ONE MORTGAGE SERVICES CORPORATION (the "Company"), THE MORTGAGE AUTHORITY, ("TMA"), a wholly-owned subsidiary of the Company, or CENTRAL PACIFIC MORTGAGE COMPANY ("CPM"), a wholly-owned subsidiary of the Company, ) and are being delivered to you for purchase. The Mortgage Loans comprise a portion of the Collateral under (and as the term "Collateral" and capitalized terms not otherwise defined herein are defined in) that certain Third Fourth Amended and Restated Revolving Credit Agreement dated as of July__July 10, 1997 1998 by and among the Company, TMA, CPM, The First National Bank of Chicago, as Agent, and the Lenders thereunder. Each of the Mortgage Loans is subject to a security interest in favor of National City Bank of Kentucky (the "Collateral Agent") on behalf of the Secured Parties which security interest shall be automatically released upon your remittance of the full amount of the purchase price of such Mortgage Loan (as set forth on the schedule attached hereto) by wire transfer to the following account: WIRE INSTRUCTIONS TO SETTLEMENT ACCOUNT: ______________________________ ______________________________ ______________________________ Pending your purchase of each Mortgage Loan and until payment therefor is received, the aforesaid security interest therein will remain in full force and effect, and you shall hold possession of such Collateral and the documentation evidencing same as custodian, agent and bailee for and on behalf of the Secured Parties. In the event any Mortgage Loan is unacceptable for purchase, return the -49- 50 rejected item directly to the Collateral Agent at the address set forth below. The Mortgage Loan must be so returned or sales proceeds remitted in full no later than [forty-five (45) days][UNLESS DELIVERED TO A GOVERNMENT HOUSING PROGRAM WHICH IS NOT A FEDERAL AGENCY] [seventy-five (75) days][IN THE CASE OF DELIVERY TO A GOVERNMENT HOUSING WHICH IS NOT A FEDERAL AGENCY] from the date hereof. In no event shall any Mortgage Loan be returned or sales proceeds remitted to the Company, TMA or CPM. If you are unable to comply with the above instructions, please so advise the undersigned immediately.
Appears in 1 contract
Samples: Security and Collateral Agency Agreement (Source One Mortgage Services Corp)
Attention. Please endorse the notes as follows: Please ship the loan documents Loan Documents either by ____________________ or by --------------------------------- such other courier service as we have designated to you as "approved"specifically approved in writing. The courier shall act as an independent contractor bailee acting solely on your behalf as Collateral Agent for the Secured Parties (as defined in that certain Third Amended and Restated Security and Collateral Agency Agreement dated as of July __, 1997, as the same may be amended, extended or replaced from time to time), but we acknowledge and agree that you You are not responsible for any delays in shipment caused by courier or any other actions or inactions of the courier, including, without limitation, any loss of any loan documents; however. However, because the Commitment commitment expires on _______________, 199_, ------------------- ------ we ask that you deliver the loan documents Loan Documents to the courier no later than _______________, 199_. ---------------------------- ------ Please have the courier bill xx bxxx us by using our acct #__________account no. . ---------------------- If you should have any questions, or should feel the need for additional documentation, please do not hesitate to call [SOURCE ONE . --------------------- BANC NLC MORTGAGE SERVICES CORPORATIONLENDING, LLC By: -------------------------- Name: ------------------------ Title: ----------------------- -62- EXHIBIT E TRUST RECEIPT Trust Receipt No. , ---------------------- ----------------------- ---------- The undersigned, Banc NLC Mortgage Lending, LLC, a Delaware corporation] [THE MORTGAGE AUTHORITY, a Delaware corporation] [CENTRAL PACIFIC MORTGAGE COMPANY, a California corporation] By:________________________________ Name:______________________________ Title:_____________________________ EXHIBIT 4 TO SECURITY AGREEMENT (Direct Investor) Date:____________ Name of Delivery Service:____________________________________ Airbill No.:____________________ FORM OF WHOLE LOAN SALE TRANSMITTAL LETTER [LETTERHEAD OF COLLATERAL AGENT] [Approved Investor] _________________________ _________________________ Re: Source One Mortgage Services Corporation; Sale of Mortgage Loans Attached please find those Mortgage Loans listed separately on the attached schedule, which Mortgage Loans are owned by SOURCE ONE MORTGAGE SERVICES CORPORATION Florida limited liability company (the "Company"), THE MORTGAGE AUTHORITYacknowledges receipt from Bank United, a federal savings bank ("TMALender"), a whollypursuant to that certain Warehousing Credit and Security Agreement (Single-owned subsidiary Family Mortgage Loans) dated effective as of , , by and between the Company, or CENTRAL PACIFIC MORTGAGE COMPANY Company and ------------------------ -------- -------- Lender (the "CPMAgreement"), a wholly-owned subsidiary of the Companyfollowing described property (the "Trust Property"), and are being delivered possession of which is herewith entrusted to you the Company for purchasethe purposes set forth below: Mortgage Loan No. Note Amount: ------------------------ -------------------- Obligor: --------------------------------- Purpose: [Specify nature of clerical or other documentation problem to be corrected.] The Mortgage Loans comprise a portion of the Collateral under (and as the term "Collateral" and capitalized terms not otherwise defined herein are defined in) Company hereby acknowledges that certain Third Amended and Restated Revolving Credit Agreement dated as of July__, 1997 by and among the Company, TMA, CPM, The First National Bank of Chicago, as Agent, and the Lenders thereunder. Each of the Mortgage Loans is subject to a security interest in favor of National City Bank of Kentucky (the "Collateral Agent") on behalf Trust Property and in the proceeds of the Secured Parties which security interest shall be automatically released upon your remittance Trust Property has been granted to the Lender pursuant to the Agreement. In consideration of the full amount delivery of the purchase price of such Mortgage Loan (as set forth on Trust Property by the schedule attached hereto) by wire transfer to the following account: WIRE INSTRUCTIONS TO SETTLEMENT ACCOUNT: ______________________ ______________________ ______________________ Pending your purchase of each Mortgage Loan and until payment therefor is received, the aforesaid security interest therein will remain in full force and effect, and you shall hold possession of such Collateral and the documentation evidencing same as custodian, agent and bailee for and on behalf of the Secured Parties. In the event any Mortgage Loan is unacceptable for purchase, return the -49- 50 rejected item directly to the Collateral Agent at the address set forth below. The Mortgage Loan must be so returned or sales proceeds remitted in full no later than [forty-five (45) days][UNLESS DELIVERED TO A GOVERNMENT HOUSING PROGRAM WHICH IS NOT A FEDERAL AGENCY] [seventy-five (75) days][IN THE CASE OF DELIVERY TO A GOVERNMENT HOUSING WHICH IS NOT A FEDERAL AGENCY] from the date hereof. In no event shall any Mortgage Loan be returned or sales proceeds remitted Lender to the Company, TMA the Company hereby agrees to hold the Trust Property in trust for the Lender as provided under and in accordance with all provisions of the Agreement and to return the Trust Property to the Lender no later than the close of business on the tenth day following the date hereof or, if such day is not a Business Day, on the following Business Day. The Company further agrees that the aggregate Collateral Value of Single-family Mortgage Loans with respect to which notes or CPMother documentation has been released under trust receipts, does not exceed $500,000.00. If you are unable BANC NLC MORTGAGE LENDING, LLC By: -------------------------- Name: ------------------------ Title: ----------------------- -63- Delivery to comply Company Acknowledged: BANK UNITED By: --------------------------------- Name: -------------------------------- Title: ------------------------------- The undersigned acknowledges that the above-mentioned Trust Property has been returned to the Lender on , . -------------------------- -------- BANK UNITED By: ------------------------------------- Name: ----------------------------------- Title: ---------------------------------- EXHIBIT F OFFICER'S CERTIFICATE COMPANY: BANC NLC MORTGAGE LENDING, LLC /NLC FINANCIAL SERVICES, LLC LENDER: BANK UNITED DATE: ------------- REPORTING PERIOD: ended , ------------------------------ ---------------- ------ This certificate is delivered to Lender under the Warehousing Credit and Security Agreement dated effective as of , 2000, between Company -------------------------------------------- --------- and Lender (the "Agreement"), all the defined terms of which have the same meanings when used herein. I hereby certify that: (a) I am, and at all times mentioned herein have been, the duly elected, qualified, and acting officer of Company designated below; (b) to the best of my knowledge, the Financial Statements of Company for the period shown above (the "Reporting Period") and which accompany this certificate were prepared in accordance with GAAP and present fairly the financial condition of Company as of the end of the Reporting Period and the results of its operations for the Reporting Period; (c) a review of the Agreement and of the activities of the Company during the Reporting Period has been made under my supervision with a view to determining Company's compliance with the above instructionscovenants, please so advise requirements, terms, and conditions of the undersigned immediatelyAgreement, and such review has not disclosed the existence during or at the end of the Reporting Period (and I have no knowledge of the existence as of the date hereof) of any Event of Default or Default, except as disclosed on the Annex hereto (which specifies the nature and period of existence of each Event of Default or Default, if any, and what action Company has taken, is taking, and proposes to take with respect to each); (d) the calculations described on the attached Annex evidence that the Company is in compliance with the requirements of Sections 7.5 and 7.6 of the Agreement at the end of the Reporting Period (or if Company is not in compliance, showing the extent of non-compliance and specifying the period of non-compliance and what actions the Company proposes to take with respect thereto; (e) the Company was, as of the end of the Reporting Period, in compliance and good standing with any applicable FNMA, GNMA, FHLMC, and HUD net worth requirements. BANC NLC MORTGAGE LENDING, LLC By: ------------------------------------- Name: ----------------------------------- Title: ---------------------------------- ANNEX TO EXHIBIT F COMPANY NAME: BANC NLC MORTGAGE LENDING, LLC REPORTING PERIOD: ----------------------------------------- All financial calculations set forth herein are as of the Reporting Period.
Appears in 1 contract
Samples: Warehousing Credit and Security Agreement (First NLC Financial Services Inc)
Attention. Please endorse the notes as follows: Please ship the loan documents either by ____________________ or by such other courier service as we have designated to you as "approved". ." The courier shall act as an independent contractor bailee acting solely on your behalf as Collateral Agent for the Secured Parties (Lender, as defined in that certain Third Amended and Restated Security and Collateral Agency Mortgage Loan Warehousing Agreement dated as of July ____________, 19971998, as the same may be amended, extended or replaced from time to time), but we acknowledge and agree that you are not responsible for any delays in shipment caused by courier or any other actions or inactions of the courier, including, without limitation, any loss of any loan documents; however, because the Commitment or the Buy/Sell Agreement expires on _______________, 199_, we ask that you deliver the loan documents to the courier no later than _________________, 199_. Please have the courier bill xx xxxx us by using our acct #____________. If you should have any questions, or should feel the need for additional documentation, please do not hesitate to call [SOURCE ONE MORTGAGE SERVICES CORPORATION, a Delaware corporation] [THE MORTGAGE AUTHORITY, a Delaware corporation] [CENTRAL PACIFIC MORTGAGE COMPANY, a California corporation] By:_________________ WESTMARK MORTGAGE CORPORATION, a California corporation By:____________________________ Name:______________________________ Title:______________________ EXHIBIT 5A TO SECURITY AGREEMENT (Direct Investor) FORM OF WHOLE LOAN SALE TRANSMITTAL LETTER [LETTERHEAD OF LENDER] __________ EXHIBIT 4 TO SECURITY AGREEMENT (Direct __, 199__ Dear [Approved Investor]: ----------------- Re: Westmark Mortgage Corporation: ----------------------------- Sale of Mortgage Loans ---------------------- Attached please find original promissory note(s) Date:in the original principal amount of $____________ Name evidencing those Mortgage Loans listed separately on the attached schedule, along with other related documents (collectively, the "Mortgage Loan Collateral") which Mortgage Loans are owned by Westmark Mortgage Corporation, a California corporation (the "Company") and are being delivered to you for purchase. The Mortgage Loans comprise a portion of Delivery Service:the Collateral under (and as the term "Collateral" and capitalized terms not otherwise defined herein are defined in) that certain Mortgage Loan Warehousing Agreement dated as of ___________, 1998 by and between the Company as borrower and the undersigned as lender ("Lender"), as amended or modified from time to time. Each of the Mortgage Loans is subject to a security interest in favor of Lender, as set forth in that certain Security Agreement dated as of ____________, 1998 by and between the Company and Lender, as amended or modified from time to time. Said security interest shall be automatically released upon your remittance of an amount equal to the greater of (i) the full amount of the purchase price of such Mortgage Loan(s) (as set forth on the schedule attached hereto), or (ii) $________, which is the collateral value assigned by Lender to such Mortgage Loan(s), by wire transfer to the following account of the Company: WIRE INSTRUCTIONS TO SETTLEMENT ACCOUNT: ____________________________________ Airbill No.:____________________ FORM OF WHOLE LOAN SALE TRANSMITTAL LETTER [LETTERHEAD OF COLLATERAL AGENT] [Approved Investor] _________________________ _________________________ Re: Source One Mortgage Services Corporation; Sale of Mortgage Loans Attached please find those Mortgage Loans listed separately on the attached schedule, which Mortgage Loans are owned by SOURCE ONE MORTGAGE SERVICES CORPORATION (the "Company"), THE MORTGAGE AUTHORITY, ("TMA"), a wholly-owned subsidiary of the Company, or CENTRAL PACIFIC MORTGAGE COMPANY ("CPM"), a wholly-owned subsidiary of the Company, and are being delivered to you for purchase. The Mortgage Loans comprise a portion of the Collateral under (and as the term "Collateral" and capitalized terms not otherwise defined herein are defined in) that certain Third Amended and Restated Revolving Credit Agreement dated as of July__, 1997 by and among the Company, TMA, CPM, The First National Bank of Chicago, as Agent, and the Lenders thereunder. Each of the Mortgage Loans is subject to a security interest in favor of National City Bank of Kentucky (the "Collateral Agent") on behalf of the Secured Parties which security interest shall be automatically released upon your remittance of the full amount of the purchase price of such Mortgage Loan (as set forth on the schedule attached hereto) by wire transfer to the following account: WIRE INSTRUCTIONS TO SETTLEMENT ACCOUNT: ______________________ ______________________ ______________________ Pending your purchase of each Mortgage Loan and until payment therefor is received, the aforesaid security interest therein will remain in full force and effect, and you shall hold possession of such Mortgage Loan Collateral and the documentation evidencing same as custodian, agent and bailee for and on behalf of Lender and subject to the Secured Partiesdirection and control of Lender. In the event any Mortgage Loan is unacceptable for purchase, return the -49- 50 rejected item Mortgage Loan and all related Mortgage Loan Collateral directly to the Collateral Agent Lender at the address set forth below. In no event shall any Mortgage Loan or related Mortgage Loan Collateral be returned, or sales proceeds remitted, to the Company or to any of its affiliates. The Mortgage Loan and related Mortgage Loan Collateral must be so returned or sales proceeds remitted in full no later than [forty-five thirty (4530) days][UNLESS DELIVERED TO A GOVERNMENT HOUSING PROGRAM WHICH IS NOT A FEDERAL AGENCY] [seventy-five (75) days][IN THE CASE OF DELIVERY TO A GOVERNMENT HOUSING WHICH IS NOT A FEDERAL AGENCY] days from the date hereof. In no event shall any Mortgage Loan be returned or sales proceeds remitted to the Company, TMA or CPM. If you are unable to comply with the above instructions, please so advise the undersigned immediately.
Appears in 1 contract
Attention. Please endorse the notes as follows: Please ship the loan documents either by ____________________ or by such other courier service as we have designated to you as "approved". The courier shall act as an independent contractor bailee acting solely on your behalf as Collateral Agent for the Secured Parties (as defined in that certain Third Amended and Restated Security and Collateral Agency Agreement dated as of July ___________, 19972003, as the same may be amended, extended or replaced from time to time), but we acknowledge and agree that you are not responsible for any delays in shipment caused by courier or any other actions or inactions of the courier, including, without limitation, any loss of any loan documents; however, because the Commitment expires on _______________, 199200_, we ask that you deliver the loan documents to the courier no later than _______________, 199200_. Please have the courier bill xx xxxx us by using our acct #__________. If you should have any questions, or should feel the need for additional documentation, please do not hesitate to call [SOURCE ONE _______________. PULTE MORTGAGE SERVICES CORPORATIONLLC, a Delaware corporation] [THE MORTGAGE AUTHORITY, a Delaware corporation] [CENTRAL PACIFIC MORTGAGE COMPANY, a California corporation] limited liability company By:________________________________ Name:______________________________ Title:_____________________________ EXHIBIT 4 TO SECURITY AGREEMENT (Direct Investor) Date:________________ Name of Delivery Service:____________________________________ Airbill No.:____________________ FORM OF WHOLE LOAN SALE TRANSMITTAL LETTER [LETTERHEAD OF COLLATERAL AGENT] [Approved Investor] _________________________ _________________________ Re: Source One Mortgage Services Corporation; Sale of Mortgage Loans Attached please find those Mortgage Loans listed separately on the attached schedule, which Mortgage Loans are owned by SOURCE ONE MORTGAGE SERVICES CORPORATION (the "Company"), THE MORTGAGE AUTHORITY, ("TMA"), a wholly-owned subsidiary of the Company, or CENTRAL PACIFIC MORTGAGE COMPANY ("CPM"), a wholly-owned subsidiary of the Company, and are being delivered to you for purchase. The Mortgage Loans comprise a portion of the Collateral under (and as the term "Collateral" and capitalized terms not otherwise defined herein are defined in) that certain Third Amended and Restated Revolving Credit Agreement dated as of July__, 1997 by and among the Company, TMA, CPM, The First National Bank of Chicago, as Agent, and the Lenders thereunder. Each of the Mortgage Loans is subject to a security interest in favor of National City Bank of Kentucky (the "Collateral Agent") on behalf of the Secured Parties which security interest shall be automatically released upon your remittance of the full amount of the purchase price of such Mortgage Loan (as set forth on the schedule attached hereto) by wire transfer to the following account: WIRE INSTRUCTIONS TO SETTLEMENT ACCOUNT: ______________________ ______________________ ______________________ Re: Pulte Mortgage LLC; Pulte Funding, Inc. Sale of Mortgage Loans Attached please find those Mortgage Loans listed separately on the attached schedule, which Mortgage Loans are owned by PULTE MORTGAGE LLC ("PMC") and/or PULTE FUNDING, INC. ("PFI") and are being delivered to you for purchase. The Mortgage Loans comprise a portion of the collateral under that certain Fourth Amended and Restated Revolving Credit Agreement dated as of March 31, 2003 by and among PMC, Bank One, NA, as Agent, and the lenders named therein and that certain Amended and Restated Loan Agreement dated as of August ___, 2002 among PMC, PFI, Credit Lyonnais New York Branch, as Agent and the lenders named therein (collectively, the "Secured Parties"). Each of the Mortgage Loans is subject to a security interest in favor of the undersigned (the "Collateral Agent") on behalf of the Secured Parties, which security interest shall be automatically released upon your remittance of the full amount of the purchase price of such Mortgage Loans (as set forth on the schedule attached hereto) by wire transfer to the following account: WIRE INSTRUCTIONS TO CASH AND COLLATERAL ACCOUNT Bank One, N.A ABA 071-00-0013 DDA# 1928368 Ref: Pulte Pending your purchase of each Mortgage Loan and until payment therefor is received, the aforesaid security interest therein will remain in full force and effect, and you shall hold possession of such Collateral and the documentation evidencing same as custodian, agent and bailee for and on behalf of the Secured Parties. In the event any Mortgage Loan is unacceptable for purchase, return the -49- 50 rejected item directly to the Collateral Agent at the address set forth below. The Mortgage Loan must be so returned or sales proceeds remitted in full no later than [forty-five (45) days][UNLESS DELIVERED TO A GOVERNMENT HOUSING PROGRAM WHICH IS NOT A FEDERAL AGENCY] [seventy-five (75) days][IN THE CASE OF DELIVERY TO A GOVERNMENT HOUSING WHICH IS NOT A FEDERAL AGENCY] calendar days from the date hereof. In no event shall any Mortgage Loan be returned to or sales proceeds remitted to the Company, TMA PMC or CPMPFI. If you are unable to comply with the above instructions, please so advise the undersigned immediately.
Appears in 1 contract
Samples: Security and Collateral Agency Agreement (Pulte Homes Inc/Mi/)
