Common use of DUTIES OF THE CLAIMS ADMINISTRATOR Clause in Contracts

DUTIES OF THE CLAIMS ADMINISTRATOR. (a) In connection with each FHA Loan, the Representative, the Servicer, the Claims Administrator and the Originators will comply at all times with the provisions of Title I and the rules and regulations promulgated thereunder in servicing each FHA Loan and making claims for reimbursement with respect to each FHA Loan, and will at all times hold a valid Contract of Insurance from the FHA for such purposes (unless such Contract of Insurance is terminated so as not to affect the obligation of FHA to provide insurance coverage with respect to the FHA Loans). (b) If any FHA Loan becomes a 90 Day Delinquent FHA Loan, and if sufficient coverage is available in the Reserve Amount to make an FHA Payment with respect to such FHA Loan, the Claims Administrator may, in its sole discretion, during any subsequent Due Period, determine to file a Claim with the FHA with respect to such 90 Day Delinquent FHA Loan. If the Claims Administrator determines to file such a Claim, the Claims Administrator will notify the Co- Trustee and the Custodian no later than the Determination Date following such determination by an Officer's Certificate in the form of Exhibit J-1 hereto and shall request delivery of the related Trustee's Mortgage File. Upon receipt of such certification and request, the Custodian shall, no later than the related Remittance Date, release to the Claims Administrator the related Trustee's Mortgage File and the Co-Trustee and the Custodian shall execute and deliver such instruments necessary to enable the Claims Administrator to file a Claim with the FHA on behalf of the Co-Trustee. Within 120 days of its receipt of the related Trustee's Mortgage File, the Claims Administrator shall, in its sole discretion, either file a Claim with the FHA for an FHA Payment with respect to such 90 Day Delinquent FHA Loan or, if the Claims Administrator determines not to file such a Claim, return to the Custodian on behalf of the Co-Trustee the related Trustee's Mortgage File. (c) With respect to any 90 Day Delinquent FHA Loan transferred to the Claims Administrator pursuant to clause (b) above, the Claims Administrator shall deposit (or, if the Claims Administrator is not also the Servicer, the Claims Administrator shall instruct the Servicer to deposit) in the Principal and Interest Account within 24 hours of receipt the following amounts (such amounts to be net of any amounts that would be reimbursable to the Servicer under Section 5.04(b) with respect to amounts in the Principal and Interest Account): (i) any FHA Payments; (ii) the amount, if any, by which the FHA Payment was reduced in accordance with FHA Regulations due to the Claims Administrator enforcing a lien on the Mortgaged Property prior to the lien of the related 90 Day Delinquent FHA Loan; and (iii) any principal and interest payments received with respect to a 90 Day Delinquent FHA Loan after the Due Period in which the FHA Loan is transferred to the Claims Administrator and before either the related FHA Payment is paid or the related Trustee's Mortgage File is returned to the Custodian on behalf of the Co-Trustee, as the case may be (the amounts referred to in (ii) and (iii) above are referenced to herein as "Related Payments"). (d) If an FHA Loan becomes a 90 Day Delinquent FHA Loan when there is insufficient coverage in the Reserve Amount, or if the Claims Administrator determines not to file a Claim with the FHA with respect to such 90 Day Delinquent FHA Loan, the Co-Trustee will not transfer such FHA Loan to the Claims Administrator, no Claim will be made to the FHA and the Servicer may take other action, including the commencement of foreclosure proceedings on the related Mortgaged Property. (e) If a Claim is rejected by the FHA and if the Claims Administrator is no longer The Money Store Inc., the Claims Administrator shall promptly notify the Servicer and the Representative of such rejection. Further, if a Claim is rejected by the FHA, other than as a result of depletion of the Reserve Amount, the related Originator shall be deemed to have breached its representation and warranty contained in Section 3.02 (nnn) and the Representative shall be required to repurchase the related 90 Day Delinquent FHA Loan by depositing in the Principal and Interest Account, on the next succeeding Determination Date, an amount and in the manner specified in Section 2.05(b).

DUTIES OF THE CLAIMS ADMINISTRATOR. (a) In connection with each FHA Loan, the Representative, the Servicer, the Claims Administrator and the Originators will comply at all times with the provisions of Title I and the rules and regulations promulgated thereunder in servicing each FHA Loan and making claims for reimbursement with respect to each FHA Loan, and will at all times hold a valid Contract of Insurance from the FHA for such purposes (unless such Contract of Insurance is terminated so as not to affect the obligation of FHA to provide insurance coverage with respect to the FHA Loans). (b) If any FHA Loan becomes a 90 Day Delinquent FHA Loan, and if sufficient coverage is available in the Reserve Amount to make an FHA Payment with respect to such FHA Loan, the Claims Administrator may, in its sole discretion, during any subsequent Due Period, determine to file a Claim with the FHA with respect to such 90 Day Delinquent FHA Loan. If the Claims Administrator determines to file such a Claim, the Claims Administrator will notify the Co- Trustee and the Custodian no later than the Determination Date following such determination by an Officer's Certificate in the form of Exhibit J-1 G-1 hereto and shall request delivery of the related Trustee's Mortgage Loan File. Upon receipt of such certification and request, the Custodian shall, no later than the related Remittance Date, release to the Claims Administrator the related Trustee's Mortgage Loan File and the Co-Trustee and the Custodian shall execute and deliver such instruments necessary to enable the Claims Administrator to file a Claim with the FHA on behalf of the Co-Trustee. Within 120 days of its receipt of the related Trustee's Mortgage Loan File, the Claims Administrator shall, in its sole discretion, either file a Claim with the FHA for an FHA Payment with respect to such 90 Day Delinquent FHA Loan or, if the Claims Administrator determines not to file such a Claim, return to the Custodian on behalf of the Co-Trustee the related Trustee's Mortgage Loan File. (c) With respect to any 90 Day Delinquent FHA Loan transferred to the Claims Administrator pursuant to clause (b) above, the Claims Administrator shall deposit (or, if the Claims Administrator is not also the Servicer, the Claims Administrator shall instruct the Servicer to deposit) in the Principal and Interest Account within 24 hours of receipt the following amounts (such amounts to be net of any amounts that would be reimbursable to the Servicer under Section 5.04(b4.04(b) with respect to amounts in the Principal and Interest Account): (i) any FHA Payments; (ii) the amount, if any, by which the FHA Payment was reduced in accordance with FHA Regulations due to the Claims Administrator enforcing a lien on the Mortgaged Property prior to the lien of the related 90 Day Delinquent FHA Loan; and (iii) any principal and interest payments received with respect to a 90 Day Delinquent FHA Loan after the Due Period in which the FHA Loan is transferred to the Claims Administrator and before either the related FHA Payment is paid or the related Trustee's Mortgage Loan File is returned to the Custodian on behalf of the Co-Trustee, as the case may be (the amounts referred to in (ii) and (iii) above are referenced to herein as "Related Payments"). (d) If an FHA Loan becomes a 90 Day Delinquent FHA Loan when there is insufficient coverage in the Reserve Amount, or if the Claims Administrator determines not to file a Claim with the FHA with respect to such 90 Day Delinquent FHA Loan, the Co-Trustee Custodian will not transfer such FHA Loan to the Claims Administrator, no Claim will be made to the FHA and the Servicer may take other action, including the commencement of foreclosure proceedings proceedings, on the related Mortgaged Property. (e) If a Claim is rejected by the FHA and if the Claims Administrator is no longer The Money Store Inc., the Claims Administrator shall promptly notify the Servicer and the Representative of such rejection. Further, if a Claim is rejected by the FHA, other than as a result of depletion of the Reserve Amount, the related Originator shall be deemed to have breached its representation and warranty contained in Section 3.02 (nnn) and the Representative shall be required to repurchase the related 90 Day Delinquent FHA Loan by depositing in the Principal and Interest Account, on the next succeeding Determination Date, an amount and in the manner specified in Section 2.05(b).

DUTIES OF THE CLAIMS ADMINISTRATOR. (a) In connection with each FHA Loan, the Representative, the Servicer, the Claims Administrator Administrator, the FHA Custodian and the Originators will comply at all times with the provisions of Title I and the rules and regulations promulgated thereunder in servicing each FHA Loan and making claims for reimbursement with respect to each FHA Loan, and the FHA Custodian will at all times hold a valid Contract of Insurance from the FHA for such purposes (unless such Contract of Insurance is terminated so as not to affect the obligation of FHA to provide insurance coverage with respect to the FHA Loans). (b) If any FHA Loan becomes a 90 Day Delinquent FHA Loan, and if sufficient sufficient, coverage is available in the Reserve Amount to make an FHA Payment with respect to such FHA Loan, the Claims Administrator Administrator, on behalf of the FHA Custodian, may, in its sole discretion, during any subsequent Due Period, determine to file a Claim with the FHA with respect to such 90 Day Delinquent FHA Loan. If the Claims Administrator determines to file such a Claim, the Claims Administrator will notify FUNB, the Co- Pool III Co-Trustee and the FHA Custodian no later than the Determination Date following such determination by an Officer's Certificate in the form of Exhibit J-1 hereto and shall request delivery of the related Trustee's Mortgage File. Upon receipt of such certification and request, the Custodian Pool III Co-Trustee shall, no later than the later of the related Remittance DateDate and the date that is three Business Days after the request is received, release to FUNB, for delivery to the Claims Administrator Administrator, the related Trustee's Mortgage File and the Pool III Co-Trustee and the FHA Custodian shall execute and deliver such instruments furnished by the Claims Administrator or FUNB necessary to enable the Claims Administrator to file a Claim with the FHA on behalf of the Co-TrusteeFHA Custodian. Within 120 days of its receipt of the related Trustee's Mortgage File, the Claims Administrator shall, in its sole discretion, either file a Claim with the FHA for an FHA Payment with respect to such 90 Day Delinquent FHA Loan or, if the Claims Administrator determines not to file such a Claim, return to FUNB, for delivery to the Custodian on behalf of the Pool III Co-Trustee Trustee, the related Trustee's Mortgage File. (c) With respect to any 90 Day Delinquent FHA Loan transferred to the Claims Administrator pursuant to clause (b) above, the Claims Administrator shall deposit (or, if the Claims Administrator is not also the Servicer, the Claims Administrator shall instruct the Servicer to deposit) in the Principal and Interest Account within 24 hours of receipt the following amounts (such amounts to be net of any amounts that would be reimbursable to the Servicer under Section 5.04(b) with respect to amounts in the Principal and Interest Account): (i) any FHA Payments; (ii) the amount, if any, by which the FHA Payment was reduced in accordance with FHA Regulations due to the Claims Administrator enforcing a lien on the Mortgaged Property prior to the lien of the related 90 Day Delinquent FHA Loan; and (iii) any principal and interest payments received with respect to a 90 Day Delinquent FHA Loan after the Due Period in which the FHA Loan is transferred to the Claims Administrator and before either the related FHA Payment is paid or the related Trustee's Mortgage File is returned to the Custodian on behalf of the Pool III Co-Trustee, as the case may be (the amounts referred to in (ii) and (iii) above are referenced to herein as "Related Payments"). (d) If an FHA Loan becomes a 90 Day Delinquent FHA Loan when there is insufficient coverage in the Reserve Amount, or if the Claims Administrator determines not to file a Claim with the FHA with respect to such 90 Day Delinquent FHA Loan, the Co-Trustee will Claims Administrator shall not request the transfer of such FHA Loan to the Claims Administrator, no Claim will be made to the FHA and the Servicer may take other action, including the commencement of foreclosure proceedings on the related Mortgaged Property. (e) If a Claim is rejected by the FHA and if the Claims Administrator is no longer The Money Store Inc., the Claims Administrator shall promptly notify the Servicer and the Representative of such rejection. Further, if a Claim is rejected by the FHA, other than as a result of depletion of the Reserve Amount, the related Originator shall be deemed to have breached its representation and warranty contained in Section 3.02 (nnn) and the Representative shall be required to repurchase the related 90 Day Delinquent FHA Loan by depositing in the Principal and Interest Account, on the next succeeding Determination Date, an amount and in the manner specified in Section 2.05(b).

DUTIES OF THE CLAIMS ADMINISTRATOR. (a) In connection with each FHA Loan, the Representative, the Servicer, the Claims Administrator and the Originators will comply at all times with the provisions of Title I and the rules and regulations promulgated thereunder in servicing each FHA Loan and making claims for reimbursement with respect to each FHA Loan, and will at all times hold a valid Contract of Insurance from the FHA for such purposes (unless such Contract of Insurance is terminated so as not to affect the obligation of FHA to provide insurance coverage with respect to the FHA Loans). (b) If any FHA Loan becomes a 90 Day Delinquent FHA Pool III Loan, and if sufficient coverage is available in the Reserve Amount to make an FHA Payment with respect to such FHA Loan, the Claims Administrator may, in its sole discretion, during any subsequent Due Period, determine to file a Claim with the FHA with respect to such 90 Day Delinquent FHA Pool III Loan. If the Claims Administrator determines to file such a Claim, the Claims Administrator will notify the Co- Co-Trustee and the Custodian no later than the Determination Date following such determination by an Officer's Certificate in the form of Exhibit J-1 hereto and shall request delivery of the related Trustee's Mortgage File. Upon receipt of such certification and request, the Custodian shall, no later than the related Remittance Date, release to the Claims Administrator the related Trustee's Mortgage File and the Co-Trustee and the Custodian shall execute and deliver such instruments necessary to enable the Claims Administrator to file a Claim with the FHA on behalf of the Co-Trustee. Within 120 days of its receipt of the related Trustee's Mortgage File, the Claims Administrator shall, in its sole discretion, either file a Claim with the FHA for an FHA Payment with respect to such 90 Day Delinquent FHA Pool III Loan or, if the Claims Administrator determines not to file such a Claim, return to the Custodian on behalf of the Co-Trustee the related Trustee's Mortgage File. (c) With respect to any 90 Day Delinquent FHA Pool III Loan transferred to the Claims Administrator pursuant to clause (b) above, the Claims Administrator shall deposit (or, if the Claims Administrator is not also the Servicer, the Claims Administrator shall instruct the Servicer to deposit) in the Principal and Interest Account within 24 hours of receipt the following amounts (such amounts to be net of any amounts that would be reimbursable to the Servicer under Section 5.04(b) with respect to amounts in the Principal and Interest Account): (i) any FHA Payments; (ii) the amount, if any, by which the FHA Payment was reduced in accordance with FHA Regulations due to the Claims Administrator enforcing a lien on the Mortgaged Property prior to the lien of the related 90 Day Delinquent FHA Pool III Loan; and (iii) any principal and interest payments received with respect to a 90 Day Delinquent FHA Pool III Loan after the Due Period in which the FHA Loan is transferred to the Claims Administrator and before either the related FHA Payment is paid or the related Trustee's Mortgage File is returned to the Custodian Co-Trustee on behalf of the Co-Trustee, as the case may be (the amounts referred to in (ii) and (iii) above are referenced to herein as "Related Payments"). (d) If an FHA Loan becomes a 90 Day Delinquent FHA Pool III Loan when there is insufficient coverage in the Reserve Amount, or if the Claims Administrator determines not to file a Claim with the FHA with respect to such 90 Day Delinquent FHA Pool III Loan, the Co-Co- Trustee will not transfer such FHA Loan to the Claims Administrator, no Claim will be made to the FHA and the Servicer may take other action, including the commencement of foreclosure proceedings proceedings, on the related Mortgaged Property. (e) If a Claim is rejected by the FHA and if the Claims Administrator is no longer The Money Store Inc., the Claims Administrator shall promptly notify the Servicer and the Representative of such rejection. Further, if a Claim is rejected by the FHA, other than as a result of depletion of the Reserve Amount, the related Originator shall be deemed to have breached its representation and warranty contained in Section 3.02 (nnn) and the Representative shall be required to repurchase the related 90 Day Delinquent FHA Pool III Loan by depositing in the Principal and Interest Account, on the next succeeding Determination Date, an amount and in the manner specified in Section 2.05(b).

DUTIES OF THE CLAIMS ADMINISTRATOR. (a) In connection with each FHA Loan, the Representative, the Servicer, the Claims Administrator and the Originators will comply at all times with the provisions of Title I and the rules and regulations promulgated thereunder in servicing each FHA Loan and making claims for reimbursement with respect to each FHA Loan, and will at all times hold a valid Contract of Insurance from the FHA for such purposes (unless such Contract of Insurance is terminated so as not to affect the obligation of FHA to provide insurance coverage with respect to the FHA Loans). (b) If any FHA Loan becomes a 90 Day Delinquent FHA Loan, and if sufficient coverage is available in the Reserve Amount to make an FHA Payment with respect to such FHA Loan, the Claims Administrator may, in its sole discretion, during any subsequent Due Period, determine to file a Claim with the FHA with respect to such 90 Day Delinquent FHA Loan. If the Claims Administrator determines to file such a Claim, the Claims Administrator will notify the Co- Co-Trustee and the Custodian no later than the Determination Date following such determination by an Officer's Certificate in the form of Exhibit J-1 hereto and shall request delivery of the related Trustee's Mortgage File. Upon receipt of such certification and request, the Custodian shall, no later than the related Remittance Date, release to the Claims Administrator the related Trustee's Mortgage File and the Co-Co- Trustee and the Custodian shall execute and deliver such instruments necessary to enable the Claims Administrator to file a Claim with the FHA on behalf of the Co-Trustee. Within 120 days of its receipt of the related Trustee's Mortgage File, the Claims Administrator shall, in its sole discretion, either file a Claim with the FHA for an FHA Payment with respect to such 90 Day Delinquent FHA Loan or, if the Claims Administrator determines not to file such a Claim, return to the Custodian on behalf of the Co-Trustee the related Trustee's Mortgage File. (c) With respect to any 90 Day Delinquent FHA Loan transferred to the Claims Administrator pursuant to clause (b) above, the Claims Administrator shall deposit (or, if the Claims Administrator is not also the Servicer, the Claims Administrator shall instruct the Servicer to deposit) in the Principal and Interest Account within 24 hours of receipt the following amounts (such amounts to be net of any amounts that would be reimbursable to the Servicer under Section 5.04(b) with respect to amounts in the Principal and Interest Account): (i) any FHA Payments; (ii) the amount, if any, by which the FHA Payment was reduced in accordance with FHA Regulations due to the Claims Administrator enforcing a lien on the Mortgaged Property prior to the lien of the related 90 Day Delinquent FHA Loan; and (iii) any principal and interest payments received with respect to a 90 Day Delinquent FHA Loan after the Due Period in which the FHA Loan is transferred to the Claims Administrator and before either the related FHA Payment is paid or the related Trustee's Mortgage File is returned to the Custodian Co-Trustee on behalf of the Co-Trustee, as the case may be (the amounts referred to in (ii) and (iii) above are referenced to herein as "Related Payments"). (d) If an FHA Loan becomes a 90 Day Delinquent FHA Loan when there is insufficient coverage in the Reserve Amount, or if the Claims Administrator determines not to file a Claim with the FHA with respect to such 90 Day Delinquent FHA Loan, the Co-Trustee will not transfer such FHA Loan to the Claims Administrator, no Claim will be made to the FHA and the Servicer may take other action, including the commencement of foreclosure proceedings proceedings, on the related Mortgaged Property. (e) If a Claim is rejected by the FHA and if the Claims Administrator is no longer The Money Store Inc., the Claims Administrator shall promptly notify the Servicer and the Representative of such rejection. Further, if a Claim is rejected by the FHA, other than as a result of depletion of the Reserve Amount, the related Originator shall be deemed to have breached its representation and warranty contained in Section 3.02 (nnn3.02(nnn) and the Representative shall be required to repurchase the related 90 Day Delinquent FHA Loan by depositing in the Principal and Interest Account, on the next succeeding Determination Date, an amount and in the manner specified in Section 2.05(b).

DUTIES OF THE CLAIMS ADMINISTRATOR. (a) In connection with each FHA Loan, the Representative, the Servicer, the Claims Administrator and the Originators will comply at all times with the provisions of Title I and the rules and regulations promulgated thereunder in servicing each FHA Loan and making claims for reimbursement with respect to each FHA Loan, and will at all times hold a valid Contract of Insurance from the FHA for such purposes (unless such Contract of Insurance is terminated so as not to affect the obligation of FHA to provide insurance coverage with respect to the FHA Loans). (b) If any FHA Loan becomes a 90 Day Delinquent FHA Loan, and if sufficient coverage is available in the Reserve Amount to make an FHA Payment with respect to such FHA Loan, the Claims Administrator may, in its sole discretion, during any subsequent Due Period, determine to file a Claim with the FHA with respect to such 90 Day Delinquent FHA Loan. If the Claims Administrator determines to file such a Claim, the Claims Administrator will notify the Co- Co-Trustee and the Custodian no later than the Determination Date following such determination by an Officer's Certificate in the form of Exhibit J-1 hereto and shall request delivery of the related Trustee's Mortgage File. Upon receipt of such certification and request, the Custodian shall, no later than the related Remittance Date, release to the Claims Administrator the related Trustee's Mortgage File and the Co-Trustee and the Custodian shall execute and deliver such instruments necessary to enable the Claims Administrator to file a Claim with the FHA on behalf of the Co-Trustee. Within 120 days of its receipt of the related Trustee's Mortgage File, the Claims Administrator shall, in its sole discretion, either file a Claim with the FHA for an FHA Payment with respect to such 90 Day Delinquent FHA Loan or, if the Claims Administrator determines not to file such a Claim, return to the Custodian on behalf of the Co-Trustee the related Trustee's Mortgage File. (c) With respect to any 90 Day Delinquent FHA Loan transferred to the Claims Administrator pursuant to clause (b) above, the Claims Administrator shall deposit (or, if the Claims Administrator is not also the Servicer, the Claims Administrator shall instruct the Servicer to deposit) in the Principal and Interest Account within 24 hours of receipt the following amounts (such amounts to be net of any amounts that would be reimbursable to the Servicer under Section 5.04(b) with respect to amounts in the Principal and Interest Account): (i) any FHA Payments; (ii) the amount, if any, by which the FHA Payment was reduced in accordance with FHA Regulations due to the Claims Administrator enforcing a lien on the Mortgaged Property prior to the lien of the related 90 Day Delinquent FHA Loan; and (iii) any principal and interest payments received with respect to a 90 Day Delinquent FHA Loan after the Due Period in which the FHA Loan is transferred to the Claims Administrator and before either the related FHA Payment is paid or the related Trustee's Mortgage File is returned to the Custodian on behalf of the Co-Trustee, as the case may be (the amounts referred to in (ii) and (iii) above are referenced to herein as "Related Payments"). (d) If an FHA Loan becomes a 90 Day Delinquent FHA Loan when there is insufficient coverage in the Reserve Amount, or if the Claims Administrator determines not to file a Claim with the FHA with respect to such 90 Day Delinquent FHA Loan, the Claims Admiinistrator shall not request that the Co-Trustee will not transfer such FHA Loan to the Claims Administrator, no Claim will be made to the FHA and the Servicer may take other action, including the commencement of foreclosure proceedings proceedings, on the related Mortgaged Property. (e) If a Claim is rejected by the FHA and if the Claims Administrator is no longer The Money Store Inc., the Claims Administrator shall promptly notify the Servicer and the Representative of such rejection. Further, if a Claim is rejected by the FHA, other than as a result of depletion of the Reserve Amount, the related Originator shall be deemed to have breached its representation and warranty contained in Section 3.02 (nnn3.02(nnn) and the Representative shall be required to repurchase the related 90 Day Delinquent FHA Loan by depositing in the Principal and Interest Account, on the next succeeding Determination Date, an amount and in the manner specified in Section 2.05(b).

DUTIES OF THE CLAIMS ADMINISTRATOR. (a) In connection with each FHA Loan, the Representative, the Servicer, the Claims Administrator and the Originators will comply at all times with the provisions of Title I and the rules and regulations promulgated thereunder in servicing each FHA Loan and making claims for reimbursement with respect to each FHA Loan, and will at all times hold a valid Contract of Insurance from the FHA for such purposes (unless such Contract of Insurance is terminated so as not to affect the obligation of FHA to provide insurance coverage with respect to the FHA Loans). (b) If any FHA Loan becomes a 90 Day Delinquent FHA Pool III Loan, and if sufficient coverage is available in the Reserve Amount to make an FHA Payment with respect to such FHA Loan, the Claims Administrator may, in its sole discretion, during any subsequent Due Period, determine to file a Claim with the FHA with respect to such 90 Day Delinquent FHA Pool III Loan. If the Claims Administrator determines to file such a Claim, the Claims Administrator will notify the Co- Co-Trustee and the Custodian no later than the Determination Date following such determination by an Officer's Certificate in the form of Exhibit J-1 hereto and shall request delivery of the related Trustee's Mortgage File. Upon receipt of such certification and request, the Custodian shall, no later than the related Remittance Date, release to the Claims Administrator the related Trustee's Mortgage File and the Co-Trustee and the Custodian shall execute and deliver such instruments necessary to enable the Claims Administrator to file a Claim with the FHA on behalf of the Co-Trustee. Within 120 days of its receipt of the related Trustee's Mortgage File, the Claims Administrator shall, in its sole discretion, either file a Claim with the FHA for an FHA Payment with respect to such 90 Day Delinquent FHA Pool III Loan or, if the Claims Administrator determines not to file such a Claim, return to the Custodian on behalf of the Co-Trustee the related Trustee's Mortgage File. (c) With respect to any 90 Day Delinquent FHA Pool III Loan transferred to the Claims Administrator pursuant to clause (b) above, the Claims Administrator shall deposit (or, if the Claims Administrator is not also the Servicer, the Claims Administrator shall instruct the Servicer to deposit) in the Principal and Interest Account within 24 hours of receipt the following amounts (such amounts to be net of any amounts that would be reimbursable to the Servicer under Section 5.04(b) with respect to amounts in the Principal and Interest Account): (i) any FHA Payments; (ii) the amount, if any, by which the FHA Payment was reduced in accordance with FHA Regulations due to the Claims Administrator enforcing a lien on the Mortgaged Property prior to the lien of the related 90 Day Delinquent FHA Pool III Loan; and (iii) any principal and interest payments received with respect to a 90 Day Delinquent FHA Pool III Loan after the Due Period in which the FHA Loan is transferred to the Claims Administrator and before either the related FHA Payment is paid or the related Trustee's Mortgage File is returned to the Custodian Co-Trustee on behalf of the Co-Trustee, as the case may be (the amounts referred to in (ii) and (iii) above are referenced to herein as "Related Payments"). (d) If an FHA Loan becomes a 90 Day Delinquent FHA Pool III Loan when there is insufficient coverage in the Reserve Amount, or if the Claims Administrator determines not to file a Claim with the FHA with respect to such 90 Day Delinquent FHA Pool III Loan, the Co-Trustee will not transfer such FHA Loan to the Claims Administrator, no Claim will be made to the FHA and the Servicer may take other action, including the commencement of foreclosure proceedings proceedings, on the related Mortgaged Property. (e) If a Claim is rejected by the FHA and if the Claims Administrator is no longer The Money Store Inc., the Claims Administrator shall promptly notify the Servicer and the Representative of such rejection. Further, if a Claim is rejected by the FHA, other than as a result of depletion of the Reserve Amount, the related Originator shall be deemed to have breached its representation and warranty contained in Section 3.02 (nnn) and the Representative shall be required to repurchase the related 90 Day Delinquent FHA Pool III Loan by depositing in the Principal and Interest Account, on the next succeeding Determination Date, an amount and in the manner specified in Section 2.05(b).

DUTIES OF THE CLAIMS ADMINISTRATOR. (a) In connection with each FHA Loan, the RepresentativeSeller, the Servicer, Servicer and the Claims Administrator and the Originators will comply at all times with the provisions of Title I 1 and the rules and regulations promulgated thereunder in servicing each FHA Loan and making claims for reimbursement with respect to each FHA Loan, and will at all times hold a valid Contract of Insurance from the FHA for such purposes (unless such Contract of Insurance is terminated so as not to affect the obligation of FHA to provide insurance coverage with respect to the FHA Loans). (b) If any FHA Loan becomes a 90 Day Delinquent FHA Loan, and if sufficient coverage is available in the Reserve Amount to make an FHA Payment with respect to such FHA Loan, the Claims Administrator may, in its sole discretion, during any subsequent Due Period, determine to file a Claim with the FHA with respect to such 90 Day Delinquent FHA Loan. If the Claims Administrator determines to file such a Claim, the Claims Administrator will notify the Co- Trustee and the Custodian no later than the Determination Date following such determination by an Officer's Certificate in the form of Exhibit J-1 O hereto and shall request delivery of the related Trustee's Mortgage File. Upon receipt of such certification and request, the Custodian Trustee shall, no later than the related Remittance Distribution Date, release to the Claims Administrator the related Trustee's Mortgage File and the Co-Trustee and the Custodian shall execute and deliver such instruments necessary to enable the Claims Administrator to file a Claim with the FHA on behalf of the Co-Trustee. Within 120 101 110 days of its receipt of the related Trustee's Mortgage File, the Claims Administrator shall, in its sole discretion, either file a Claim with the FHA for an FHA Payment with respect to such 90 Day Delinquent FHA Loan or, if the Claims Administrator determines not to file such a Claim, return to the Custodian on behalf of the Co-Trustee the related Trustee's Mortgage File. (c) With respect to any 90 Day Delinquent FHA Loan transferred to the Claims Administrator pursuant to clause (b) above, the Claims Administrator shall deposit (or, if the Claims Administrator is not also the Servicer, the Claims Administrator shall instruct the Servicer to deposit) in the Principal and Interest Collection Account within 24 hours of receipt the following amounts (such amounts to be net of any amounts that would be reimbursable to the Servicer under Section 5.04(b) 3.10 with respect to amounts in the Principal and Interest Collection Account): (i) any FHA Payments; (ii) the amount, if any, by which the FHA Payment was reduced in accordance with FHA Regulations due to the Claims Administrator enforcing a lien on the Mortgaged Mortgage Property prior to the lien of the related 90 Day Delinquent FHA Loan; and (iii) any principal and interest payments received with respect to a 90 Day Delinquent FHA Loan after the Due Period in which the FHA Loan is transferred to the Claims Administrator and before either the related FHA Payment is paid or the related Trustee's Mortgage File is returned to the Custodian on behalf of the Co-Trustee, as the case may be (the amounts referred to in (ii) and (iii) above are referenced to herein as "Related Payments"). (d) If an FHA Loan becomes a 90 Day Delinquent FHA Loan when there is insufficient coverage in the Reserve Amount, or if the Claims Administrator determines not to file a Claim with the FHA with respect to such 90 Day Delinquent FHA Loan, the Co-Trustee will not transfer such FHA Loan to the Claims Administrator, no Claim will be made to the FHA and the Servicer may take other action, including the commencement of foreclosure proceedings proceedings, on the related Mortgaged Property. (e) If a Claim is rejected by the FHA and if the Claims Administrator is no longer The Money Store Inc.the Company, the Claims Administrator shall promptly notify the Servicer and the Representative Seller of such rejection. Further, if a Claim is rejected by the FHA, other than as a result of depletion of the Reserve Amount, the related Originator Seller shall be deemed to have breached its representation and warranty contained in Section 3.02 (nnn2.05(jjj) and the Representative Seller shall be required to repurchase the related 90 Day Delinquent FHA Loan by depositing in the Principal and Interest Collection Account, on the next succeeding Determination Date, an amount and in the manner specified in Section 2.05(b)2.03.

DUTIES OF THE CLAIMS ADMINISTRATOR. (a) In connection with each FHA Loan, the Representative, the Servicer, the Claims Administrator and the Originators will comply at all times with the provisions of Title I and the rules and regulations promulgated thereunder in servicing each FHA Loan and making claims for reimbursement with respect to each FHA Loan, and will at all times hold a valid Contract of Insurance from the FHA for such purposes (unless such Contract of Insurance is terminated so as not to affect the obligation of FHA to provide insurance coverage with respect to the FHA Loans). (b) If any FHA Loan becomes a 90 Day Delinquent FHA Loan, and if sufficient coverage is available in the Reserve Amount to make an FHA Payment with respect to such FHA Loan, the Claims Administrator may, in its sole discretion, during any subsequent Due Period, determine to file a Claim with the FHA with respect to such 90 Day Delinquent FHA Loan. If the Claims Administrator determines to file such a Claim, the Claims Administrator will notify the Co- Trustee and the Custodian no later than the Determination Date following such determination by an Officer's Certificate in the form of Exhibit J-1 hereto and shall request delivery of the related Trustee's Mortgage File. Upon receipt of such certification and request, the Custodian shall, no later than the related Remittance Date, release to the Claims Administrator the related Trustee's Mortgage File and the Co-Trustee and the Custodian shall execute and deliver such instruments necessary to enable the Claims Administrator to file a Claim with the FHA on behalf of the Co-Trustee. Within 120 days of its receipt of the related Trustee's Mortgage File, the Claims Administrator shall, in its sole discretion, either file a Claim with the FHA for an FHA Payment with respect to such 90 Day Delinquent FHA Loan or, if the Claims Administrator determines not to file such a Claim, return to the Custodian on behalf of the Co-Trustee the related Trustee's Mortgage File. (c) With respect to any 90 Day Delinquent FHA Loan transferred to the Claims Administrator pursuant to clause (b) above, the Claims Administrator shall deposit (or, if the Claims Administrator is not also the Servicer, the Claims Administrator shall instruct the Servicer to deposit) in the Principal and Interest Account within 24 hours of receipt the following amounts (such amounts to be net of any amounts that would be reimbursable to the Servicer under Section 5.04(b) with respect to amounts in the Principal and Interest Account): (i) any FHA Payments; (ii) the amount, if any, by which the FHA Payment was reduced in accordance with FHA Regulations due to the Claims Administrator enforcing a lien on the Mortgaged Property prior to the lien of the related 90 Day Delinquent FHA Loan; and (iii) any principal and interest payments received with respect to a 90 Day Delinquent FHA Loan after the Due Period in which the FHA Loan is transferred to the Claims Administrator and before either the related FHA Payment is paid or the related Trustee's Mortgage File is returned to the Custodian Co-Trustee on behalf of the Co-Trustee, as the case may be (the amounts referred to in (ii) and (iii) above are referenced to herein as "Related Payments"). (d) If an FHA Loan becomes a 90 Day Delinquent FHA Loan when there is insufficient coverage in the Reserve Amount, or if the Claims Administrator determines not to file a Claim with the FHA with respect to such 90 Day Delinquent FHA Loan, the Co-Trustee will not transfer such FHA Loan to the Claims Administrator, no Claim will be made to the FHA and the Servicer may take other action, including the commencement of foreclosure proceedings on the related Mortgaged Property. (e) If a Claim is rejected by the FHA and if the Claims Administrator is no longer The Money Store Inc., the Claims Administrator shall promptly notify the Servicer and the Representative of such rejection. Further, if a Claim is rejected by the FHA, other than as a result of depletion of the Reserve Amount, the related Originator shall be deemed to have breached its representation and warranty contained in Section 3.02 (nnn) and the Representative shall be required to repurchase the related 90 Day Delinquent FHA Loan by depositing in the Principal and Interest Account, on the next succeeding Determination Date, an amount and in the manner specified in Section 2.05(b).

DUTIES OF THE CLAIMS ADMINISTRATOR. (a) In connection with each FHA Loan, the Representative, the Servicer, the Claims Administrator Administrator, the FHA Custodian and the Originators will comply at all times with the provisions of Title I and the rules and regulations promulgated thereunder in servicing each FHA Loan and making claims for reimbursement with respect to each FHA Loan, and the FHA Custodian will at all times hold a valid Contract of Insurance from the FHA for such purposes (unless such Contract of Insurance is terminated so as not to affect the obligation of FHA to provide insurance coverage with respect to the FHA Loans). (b) If any FHA Loan becomes a 90 Day Delinquent FHA Loan, and if sufficient sufficient, coverage is available in the Reserve Amount to make an FHA Payment with respect to such FHA Loan, the Claims Administrator Administrator, on behalf of the FHA Custodian, may, in its sole discretion, during any subsequent Due Period, determine to file a Claim with the FHA with respect to such 90 Day Delinquent FHA Loan. If the Claims Administrator determines to file such a Claim, the Claims Administrator will notify FUNB, the Co- Trustee and the FHA Custodian no later than the Determination Date following such determination by an Officer's Certificate in the form of Exhibit J-1 hereto and shall request delivery of the related Trustee's Mortgage File. Upon receipt of such certification and request, the Custodian Trustee shall, no later than the later of the related Remittance DateDate and the date that is three Business Days after the request is received, release to FUNB, for delivery to the Claims Administrator Administrator, the related Trustee's Mortgage File and the Co-Trustee and the FHA Custodian shall execute and deliver such instruments furnished by the Claims Administrator or FUNB necessary to enable the Claims Administrator to file a Claim with the FHA on behalf of the Co-TrusteeFHA Custodian. Within 120 days of its receipt of the related Trustee's Mortgage File, the Claims Administrator shall, in its sole discretion, either file a Claim with the FHA for an FHA Payment with respect to such 90 Day Delinquent FHA Loan or, if the Claims Administrator determines not to file such a Claim, return to FUNB, for delivery to the Custodian on behalf of the Co-Trustee Trustee, the related Trustee's Mortgage File. (c) With respect to any 90 Day Delinquent FHA Loan transferred to the Claims Administrator pursuant to clause (b) above, the Claims Administrator shall deposit (or, if the Claims Administrator is not also the Servicer, the Claims Administrator shall instruct the Servicer to deposit) in the Principal and Interest Account within 24 hours of receipt the following amounts (such amounts to be net of any amounts that would be reimbursable to the Servicer under Section 5.04(b) with respect to amounts in the Principal and Interest Account): (i) any FHA Payments; (ii) the amount, if any, by which the FHA Payment was reduced in accordance with FHA Regulations due to the Claims Administrator enforcing a lien on the Mortgaged Property prior to the lien of the related 90 Day Delinquent FHA Loan; and (iii) any principal and interest payments received with respect to a 90 Day Delinquent FHA Loan after the Due Period in which the FHA Loan is transferred to the Claims Administrator and before either the related FHA Payment is paid or the related Trustee's Mortgage File is returned to the Custodian on behalf of the Co-Trustee, as the case may be (the amounts referred to in (ii) and (iii) above are referenced to herein as "Related Payments"). (d) If an FHA Loan becomes a 90 Day Delinquent FHA Loan when there is insufficient coverage in the Reserve Amount, or if the Claims Administrator determines not to file a Claim with the FHA with respect to such 90 Day Delinquent FHA Loan, the Co-Trustee will Claims Administrator shall not request the transfer of such FHA Loan to the Claims Administrator, no Claim will be made to the FHA and the Servicer may take other action, including the commencement of foreclosure proceedings on the related Mortgaged Property. (e) If a Claim is rejected by the FHA and if the Claims Administrator is no longer The Money Store Inc., the Claims Administrator shall promptly notify the Servicer and the Representative of such rejection. Further, if a Claim is rejected by the FHA, other than as a result of depletion of the Reserve Amount, the related Originator shall be deemed to have breached its representation and warranty contained in Section 3.02 (nnn) and the Representative shall be required to repurchase the related 90 Day Delinquent FHA Loan by depositing in the Principal and Interest Account, on the next succeeding Determination Date, an amount and in the manner specified in Section 2.05(b).

DUTIES OF THE CLAIMS ADMINISTRATOR. 1. The Claims Administrator shall be responsible for, without limitation: (a) In connection with each FHA Loanprinting, mailing or arranging for the Representative, mailing of the Servicer, the Claims Administrator and the Originators will comply at all times with the provisions of Title I and the rules and regulations promulgated thereunder in servicing each FHA Loan and making claims for reimbursement with respect to each FHA Loan, and will at all times hold a valid Contract of Insurance from the FHA for such purposes (unless such Contract of Insurance is terminated so as not to affect the obligation of FHA to provide insurance coverage with respect to the FHA Loans). Short Form Notices; (b) If handling returned mail not delivered to Class Members; (c) attempting to obtain updated address information for any FHA Loan becomes Short Form Notices returned without a 90 Day Delinquent FHA Loanforwarding address; (d) making any additional mailings required under the terms of this Agreement; (e) responding to requests for the Long Form Notice, by mail, telephone, email or otherwise; (f) receiving and maintaining on behalf of the Court any correspondence with Class Members regarding requests for exclusion and/or objections to the Settlement; (g) forwarding written inquiries to Class Counsel for a response, if sufficient coverage is available in warranted; (h) establishing and maintaining a post-office box, toll-free telephone number, facsimile number, voicemail and electronic mailboxes, as necessary for the Reserve Amount receipt of any correspondence or Claim Forms from class members; (i) responding to make an FHA Payment requests from Class Counsel and/or Defendants’ Counsel; (j) fulfilling any escheatment obligations that may arise; and (k) otherwise implementing and/or assisting with respect to such FHA Loan, the dissemination of the Notice Plan. The Claims Administrator mayshall also be responsible for, in its sole discretionwithout limitation, during any subsequent Due Periodimplementing the terms of the Claim Process, determine administering and reviewing Claim Forms received from Class Members, managing the Allocation Plan, disbursing payments from the Monetary Fund to file a Claim with the FHA with respect to such 90 Day Delinquent FHA LoanEligible Claimants and related administrative activities. 2. If the Claims Administrator determines fails to file perform adequately on behalf of Defendants, the Settling Plaintiffs, or the Class, the Parties may agree to remove and replace the Claims Administrator. Under such a Claimcircumstances, the other Party shall not unreasonably withhold consent to remove the Claims Administrator, but this event shall occur only after Class Counsel or Defendants’ Counsel, have attempted to resolve any disputes regarding the retention or dismissal of the Claims Administrator will notify in good faith, and, if they are unable to do so, after the Co- Trustee and matter has been referred to the Custodian no Court for resolution. 3. The Claims Administrator may retain one or more persons to assist in the completion of his or her responsibilities. 4. Not later than 14 days before the Determination Date following such determination by an Officer's Certificate in the form of Exhibit J-1 hereto and shall request delivery date of the related Trustee's Mortgage File. Upon receipt of such certification and request, the Custodian shall, no later than the related Remittance Date, release to the Claims Administrator the related Trustee's Mortgage File and the Co-Trustee and the Custodian shall execute and deliver such instruments necessary to enable the Claims Administrator to file a Claim with the FHA on behalf of the Co-Trustee. Within 120 days of its receipt of the related Trustee's Mortgage File, the Claims Administrator shall, in its sole discretion, either file a Claim with the FHA for an FHA Payment with respect to such 90 Day Delinquent FHA Loan or, if the Claims Administrator determines not to file such a Claim, return to the Custodian on behalf of the Co-Trustee the related Trustee's Mortgage File. (c) With respect to any 90 Day Delinquent FHA Loan transferred to the Claims Administrator pursuant to clause (b) aboveFairness Hearing, the Claims Administrator shall deposit file with the Court a declaration: (ori) attaching a list of those persons who timely opted out or excluded themselves from the Settlement; and (ii) attaching a list of those persons who timely objected to the Settlement, if the Claims Administrator is not also the Servicer, the along with a copy of their written objections. The Claims Administrator shall instruct file with the Servicer to deposit) in Court a declaration outlining the Principal scope, method and Interest Account within 24 hours of receipt the following amounts (such amounts to be net of any amounts that would be reimbursable to the Servicer under Section 5.04(b) with respect to amounts in the Principal and Interest Account): (i) any FHA Payments; (ii) the amount, if any, by which the FHA Payment was reduced in accordance with FHA Regulations due to the Claims Administrator enforcing a lien on the Mortgaged Property prior to the lien results of the related 90 Day Delinquent FHA Loan; and (iii) any principal and interest payments received with respect to a 90 Day Delinquent FHA Loan after the Due Period in which the FHA Loan is transferred to the Claims Administrator and before either the related FHA Payment is paid or the related Trustee's Mortgage File is returned to the Custodian on behalf of the Co-Trustee, as the case may be (the amounts referred to in (ii) and (iii) above are referenced to herein as "Related Payments")notice program. (d) If an FHA Loan becomes a 90 Day Delinquent FHA Loan when there is insufficient coverage in the Reserve Amount, or if the Claims Administrator determines not to file a Claim with the FHA with respect to such 90 Day Delinquent FHA Loan, the Co-Trustee will not transfer such FHA Loan to the Claims Administrator, no Claim will be made to the FHA and the Servicer may take other action, including the commencement of foreclosure proceedings on the related Mortgaged Property. (e) If a Claim is rejected by the FHA and if the Claims Administrator is no longer 5. The Money Store Inc., the Claims Administrator shall promptly notify the Servicer and the Representative provide copies of such rejection. Furtherany requests for exclusion, if a Claim is rejected by the FHA, other than as a result of depletion of the Reserve Amount, the objections and/or related Originator shall be deemed correspondence to have breached its representation and warranty contained in Section 3.02 (nnn) and the Representative shall be required to repurchase the related 90 Day Delinquent FHA Loan by depositing in the Principal and Interest Account, on the next succeeding Determination Date, an amount and in the manner specified in Section 2.05(b)Class Counsel.