Common use of Fees and Expenses of Arbiters Clause in Contracts

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Monthly Certificate SEE FOLLOWING PAGE 80 CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 Shared-Loss Period Ended: (Dollars) Calculation of Amount Due from (to) FDIC FDIC % Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 FDIC % Share x 0 % x 80 % 7. Amount Due from (to) FDIC 0 + 0 + = — Preparer name: Preparer signature Preparer title: Officer name: Officer signature Officer title: Date: CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 Shared-Loss Period Ended: (Dollars) Calculation of Amount Due from (to) FDIC FDIC % Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 3. Cumulative loss from commercial and other pool 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 6. Cumulative loss at end of period 0 0 0 FDIC % Share x 0 % x 80 %

Appears in 2 contracts

Samples: Purchase and Assumption Agreement (State Bank Financial Corp), Purchase and Assumption Agreement (STATE BANK FINANCIAL Corp)

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Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Exhibit 1 Monthly Certificate SEE FOLLOWING PAGE 80 CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 Pursuant to Section 2.1 of the Single Family Shared-Loss Period EndedAgreement, the undersigned hereby certifies the information on this Certificate is true, complete and correct. OFFICER SIGNATURE OFFICER NAME: (DollarsTITLE Exhibit 2a This exhibit contains three versions of the loss share calculation for foreclosure, plus explanatory notes. Exhibit 2a(1) Calculation of Amount Due from (to) FDIC FDIC % CALCULATION OF FORECLOSURE LOSS Foreclosure Occurred Prior to Loss Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 FDIC % Share x 0 % x 80 % 7. Amount Due from (to) FDIC 0 + 0 + = — Preparer name: Preparer signature Preparer title: Officer name: Officer signature Officer title: Date: CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 Agreement 1 Shared-Loss Period EndedMonth May-09 2 Loan no: 364574 3 REO # 621 4 Foreclosure date 12/18/08 5 Liquidation date 4/12/09 6 Note Interest rate 8.100 % 7 Most recent BPO 228,000 8 Most recent BPO date 1/21/09 Foreclosure Loss calculation 9 Book value at date of Loss Share agreement 244,900 10 Accrued interest, limited to 90 days or days from failure to sale, whichever is less 3,306 11 Costs incurred after Loss Share agreement in place: 12 Attorney’s fees 0 13 Foreclosure costs, including title search, filing fees, advertising, etc. 0 14 Property protection costs, maint. and repairs 6,500 15 Tax and insurance advances 0 Other Advances 16 Appraisal/Broker’s Price Opinion fees 0 17 Inspections 0 18 Other 0 19 Gross balance recoverable by Purchaser 254,706 Cash Recoveries: 20 Net liquidation proceeds (Dollarsfrom HUD-1 settl stmt) Calculation of 219,400 21 Hazard Insurance proceeds 0 22 Mortgage Insurance proceeds 0 23 T & I escrow account balances, if positive 0 24 Other credits, if any (itemize) 0 25 Total Cash Recovery 219,400 26 Loss Amount Due from (to) FDIC FDIC % Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 3. Cumulative loss from commercial and other pool 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 6. Cumulative loss at end of period 0 0 0 FDIC % Share x 0 % x 80 %35,306 Exhibit 2a(2)

Appears in 2 contracts

Samples: Purchase and Assumption Agreement (Southern National Bancorp of Virginia Inc), Purchase and Assumption Agreement (New York Community Bancorp Inc)

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Monthly Certificate SEE FOLLOWING PAGE 80 CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 77 Pursuant to Section 2.1 of the Single Family Shared-Loss Period EndedAgreement, the undersigned hereby certifies the information on this Certificate is true, complete and correct. OFFICER SIGNATURE OFFICER NAME: (DollarsTITLE Exhibit 2a This exhibit contains three versions of the loss share calculation for foreclosure, plus explanatory notes. Exhibit 2a(1) Calculation of Amount Due from (to) FDIC FDIC % CALCULATION OF FORECLOSURE LOSS Foreclosure Occurred Prior to Loss Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 FDIC % Share x 0 % x 80 % 7. Amount Due from (to) FDIC 0 + 0 + = — Preparer name: Preparer signature Preparer title: Officer name: Officer signature Officer title: Date: CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 Agreement 1 Shared-Loss Period EndedMonth May-09 2 Loan no: 364574 3 REO # 621 4 Foreclosure date 12/18/08 5 Liquidation date 4/12/09 6 Note Interest rate 8.100 % 7 Most recent BPO 228,000 8 Most recent BPO date 1/21/09 Foreclosure Loss calculation 9 Book value at date of Loss Share agreement 244,900 10 Accrued interest, limited to 90 days or days from failure to sale, whichever is less 3,306 11 Costs incurred after Loss Share agreement in place: 12 Attorney’s fees 0 13 Foreclosure costs, including title search, filing fees, advertising, etc. 0 14 Property protection costs, maint. and repairs 6,500 15 Tax and insurance advances 0 Other Advances 16 Appraisal/Broker’s Price Opinion fees 0 17 Inspections 0 18 Other 0 19 Gross balance recoverable by Purchaser 254,706 Cash Recoveries: 20 Net liquidation proceeds (Dollarsfrom HUD-1 sett stmt) Calculation 219,400 21 Hazard Insurance proceeds 0 22 Mortgage Insurance proceeds 0 23 T & I escrow account balances, if positive 0 24 Other credits, if any (itemize) 0 25 Total Cash Recovery 219,400 26 Loss Amount 35,306 Exhibit 2a(2) CALCULATION OF FORECLOSURE LOSS No Preceeding Loan Mod under Loss Share 1 Shared-Loss Month May-09 2 Loan no: 292334 3 REO # 477 4 Interest paid-to-date 4/30/08 5 Foreclosure date 1/15/09 6 Liquidation date 4/12/09 7 Note Interest rate 8.000 % 8 Owner occupied? Yes 9 If owner-occupied: 10 Borrower current gross annual income 42,000 11 Estimated NPV of loan mod 195,000 12 Most recent BPO 235,000 13 Most recent BPO date 1/21/09 Foreclosure Loss calculation 16 Loan Principal balance after last paid installment 300,000 17 Accrued interest, limited to 90 days 6,000 18 Attorney’s fees 0 19 Foreclosure costs, including title search, filing fees, advertising, etc. 4,000 20 Property protection costs, maint. and repairs 5,500 21 Tax and insurance advances 1,500 Other Advances 22 Appraisal/Broker’s Price Opinion fees 0 23 Inspections 50 24 Other 0 25 Gross balance recoverable by Purchaser 317,050 Cash Recoveries: 26 Net liquidation proceeds (from HUD-1 settl stmt) 205,000 27 Hazard Insurance proceeds 0 28 Mortgage Insurance proceeds 0 29 T & I escrow account balances, if positive 0 30 Other credits, if any (itemize) 0 31 Total Cash Recovery 205,000 32 Loss Amount Due from (112,050 Exhibit 2a(3) CALCULATION OF FORECLOSURE LOSS Foreclosure after a Covered Loan Mod 1 Shared-Loss Month May-09 2 Loan no: 138554 3 REO # 843 4 Loan mod date 1/17/08 5 Interest paid-to) FDIC FDIC -date 4/30/08 6 Foreclosure date 1/15/09 7 Liquidation date 4/12/09 8 Note Interest rate 4.000 % Share 0% 80% Total Carry forward from other types 9 Most recent BPO 210,000 10 Most recent BPO date 1/20/09 Foreclosure Loss calculation 11 NPV of assetsprojected cash flows at loan mod 285,000 12 Less: 2. Cumulative losses from securities 0 0 0 3. Cumulative loss from commercial Principal payments between loan mod and other pool 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 6. Cumulative loss at end of period 0 0 0 FDIC % Share x 0 % x 80 %deliquency 2,500 13 Plus:

Appears in 2 contracts

Samples: Purchase and Assumption Agreement (State Bank Financial Corp), Purchase and Assumption Agreement (STATE BANK FINANCIAL Corp)

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Exhibit 1 Monthly Certificate SEE FOLLOWING PAGE 80 CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1Module 1 – Whole Bank w/ Loss Share – P&A Version 1.12 November 17, 2009 78 FIRST REGIONAL BANK Los Angeles, CA Module 1 – Whole Bank w/ Loss Share – P&A Version 1.12 November 17, 2009 79 FIRST REGIONAL BANK Los Angeles, CA Module 1 – Whole Bank w/ Loss Share – P&A Version 1.12 November 17, 2009 80 FIRST REGIONAL BANK Los Angeles, CA Exhibit 2a This exhibit contains three versions of the loss share calculation for foreclosure, plus explanatory notes. Exhibit 2a(1) CALCULATION OF FORECLOSURE LOSS Foreclosure Occurred Prior to Loss Share Agreement 1 Shared-Loss Period EndedMonth May-09 2 Loan no: 364574 3 REO # 621 4 Foreclosure date 12/18/08 5 Liquidation date 4/12/09 6 Note Interest rate 8.100 % 7 Most recent BPO 228,000 8 Most recent BPO date 1/21/09 Foreclosure Loss calculation 9 Book value at date of Loss Share agreement 244,900 10 Accrued interest, limited to 90 days or days from failure to sale, whichever is less 3,306 11 Costs incurred after Loss Share agreement in place: 12 Attorney’s fees 0 13 Foreclosure costs, including title search, filing fees, advertising, etc. 0 14 Property protection costs, maint. and repairs 6,500 15 Tax and insurance advances 0 Other Advances 16 Appraisal/Broker’s Price Opinion fees 0 17 Inspections 0 18 Other 0 19 Gross balance recoverable by Purchaser 254,706 Cash Recoveries: 20 Net liquidation proceeds (Dollarsfrom HUD-1 settl stmt) Calculation of 219,400 21 Hazard Insurance proceeds 0 22 Mortgage Insurance proceeds 0 23 T & I escrow account balances, if positive 0 24 Other credits, if any (itemize) 0 25 Total Cash Recovery 219,400 26 Loss Amount Due from (to) FDIC FDIC % 35,306 Module 1 – Whole Bank w/ Loss Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 FDIC % Share x 0 % x 80 % 7. Amount Due from (to) FDIC 0 + 0 + = — Preparer name: Preparer signature Preparer title: Officer name: Officer signature Officer title: Date: CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1– P&A Version 1.12 November 17, 2009 81 FIRST REGIONAL BANK Los Angeles, CA Exhibit 2a(2) CALCULATION OF FORECLOSURE LOSS No Preceeding Loan Mod under Loss Share 1 Shared-Loss Period EndedMonth May-09 2 Loan no: 292334 3 REO # 477 4 Interest paid-to-date 4/30/08 5 Foreclosure date 1/15/09 6 Liquidation date 4/12/09 7 Note Interest rate 8.000 % 8 Owner occupied? Yes 9 If owner-occupied: 10 Borrower current gross annual income 42,000 11 Estimated NPV of loan mod 195,000 12 Most recent BPO 235,000 13 Most recent BPO date 1/21/09 Foreclosure Loss calculation 16 Loan Principal balance after last paid installment 300,000 17 Accrued interest, limited to 90 days 6,000 18 Attorney’s fees 0 19 Foreclosure costs, including title search, filing fees, advertising, etc. 4,000 20 Property protection costs, maint. and repairs 5,500 21 Tax and insurance advances 1,500 Other Advances 22 Appraisal/Broker’s Price Opinion fees 0 23 Inspections 50 24 Other 0 25 Gross balance recoverable by Purchaser 317,050 Cash Recoveries: 26 Net liquidation proceeds (Dollarsfrom HUD-1 settl stmt) Calculation 205,000 27 Hazard Insurance proceeds 0 28 Mortgage Insurance proceeds 0 29 T & I escrow account balances, if positive 0 30 Other credits, if any (itemize) 0 31 Total Cash Recovery 205,000 32 Loss Amount 112,050 Module 1 – Whole Bank w/ Loss Share – P&A Version 1.12 November 17, 2009 82 FIRST REGIONAL BANK Los Angeles, CA Exhibit 2a(3) CALCULATION OF FORECLOSURE LOSS Foreclosure after a Covered Loan Mod 1 Shared-Loss Month May-09 2 Loan no: 138554 3 REO # 843 4 Loan mod date 1/17/08 5 Interest paid-to-date 4/30/08 6 Foreclosure date 1/15/09 7 Liquidation date 4/12/09 8 Note Interest rate 4.000 % 9 Most recent BPO 210,000 10 Most recent BPO date 1/20/09 Foreclosure Loss calculation 11 NPV of Amount Due from (to) FDIC FDIC % Share 0% 80% Total Carry forward from other types of assetsprojected cash flows at loan mod 285,000 12 Less: 2. Cumulative losses from securities 0 0 0 3. Cumulative loss from commercial Principal payments between loan mod and other pool 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 6. Cumulative loss at end of period 0 0 0 FDIC % Share x 0 % x 80 %deliquency 2,500 13 Plus:

Appears in 2 contracts

Samples: Purchase and Assumption Agreement (First Citizens Bancshares Inc /De/), Purchase and Assumption Agreement (First Citizens Bancshares Inc /De/)

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Exhibit 1 Monthly Certificate SEE FOLLOWING PAGE 80 Module 1 – Whole Bank w/ Loss Share – P&A EARTHSTAR BANK Version 2.11B SOUTHAMPTON, PENNSYLVANIA October 8, 2010 101 CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 Shared-Loss Period Ended: __________________ (Dollars) Calculation of Amount Due from (to) FDIC FDIC % Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 FDIC % Share x 0 % x 80 % 7. Amount Due from (to) FDIC 0 + 0 + = - Memo: threshold for recovery percentage 0 0 Preparer name: Preparer signature Preparer title: Officer name: Officer signature Officer title: Date: CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 Shared-Loss Period Ended: (Dollars) Calculation of Amount Due from (to) FDIC FDIC % Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 3. Cumulative loss from commercial and other pool 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 6. Cumulative loss at end of period 0 0 0 FDIC % Share x 0 % x 80 %__________________

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Polonia Bancorp)

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Whole Bank w/ Loss Share – P&A Colonial Bank August 14, 2009 Montgomery, Alabama Exhibit 1 Monthly Certificate SEE FOLLOWING PAGE 80 CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1Whole Bank w/ Loss Share – P&A Colonial Bank August 14, 2009 Montgomery, Alabama Whole Bank w/ Loss Share – P&A Colonial Bank August 14, 2009 Montgomery, Alabama 77 Pursuant to Section 2.1 of the Single Family Shared-Loss Period EndedAgreement, the undersigned hereby certifies the information on this Certificate is true, complete and correct. OFFICER SIGNATURE OFFICER NAME: (Dollars) Calculation of Amount Due from (to) FDIC FDIC % TITLE Whole Bank w/ Loss Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 FDIC % Share x 0 % x 80 % 7. Amount Due from (to) FDIC 0 + 0 + = — Preparer name: Preparer signature Preparer title: Officer name: Officer signature Officer title: Date: CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1– P&A Colonial Bank August 14, 2009 Montgomery, Alabama Exhibit 2a This exhibit contains three versions of the loss share calculation for foreclosure, plus explanatory notes. Exhibit 2a(1) CALCULATION OF FORECLOSURE LOSS Foreclosure Occurred Prior to Loss Share Agreement 1 Shared-Loss Period EndedMonth May-09 2 Loan no: 364574 3 REO # 621 4 Foreclosure date 12/18/08 5 Liquidation date 4/12/09 6 Note Interest rate 8.100 % 7 Most recent BPO 228,000 8 Most recent BPO date 1/21/09 Foreclosure Loss calculation 9 Book value at date of Loss Share agreement 244,900 10 Accrued interest, limited to 90 days or days from failure to sale, whichever is less 3,306 11 Costs incurred after Loss Share agreement in place: 12 Attorney’s fees 0 13 Foreclosure costs, including title search, filing fees, advertising, etc. 0 14 Property protection costs, maint. and repairs 6,500 15 Tax and insurance advances 0 Other Advances 16 Appraisal/Broker’s Price Opinion fees 0 17 Inspections 0 18 Other 0 19 Gross balance recoverable by Purchaser 254,706 Cash Recoveries: 20 Net liquidation proceeds (Dollarsfrom HUD-1 settl stmt) Calculation 219,400 21 Hazard Insurance proceeds 0 22 Mortgage Insurance proceeds 0 23 T & I escrow account balances, if positive 0 24 Other credits, if any (itemize) 0 25 Total Cash Recovery 219,400 26 Loss Amount 35,306 Whole Bank w/ Loss Share – P&A Colonial Bank August 14, 2009 Montgomery, Alabama Exhibit 2a(2) CALCULATION OF FORECLOSURE LOSS No Preceeding Loan Mod under Loss Share 1 Shared-Loss Month May-09 2 Loan no: 292334 3 REO # 477 4 Interest paid-to-date 4/30/08 5 Foreclosure date 1/15/09 6 Liquidation date 4/12/09 7 Note Interest rate 8.000 % 8 Owner occupied? Yes 9 If owner-occupied: 10 Borrower current gross annual income 42,000 11 Estimated NPV of loan mod 195,000 12 Most recent BPO 235,000 13 Most recent BPO date 1/21/09 Foreclosure Loss calculation 16 Loan Principal balance after last paid installment 300,000 17 Accrued interest, limited to 90 days 6,000 18 Attorney’s fees 0 19 Foreclosure costs, including title search, filing fees, advertising, etc. 4,000 20 Property protection costs, maint. and repairs 5,500 21 Tax and insurance advances 1,500 Other Advances 22 Appraisal/Broker’s Price Opinion fees 0 23 Inspections 50 24 Other 0 25 Gross balance recoverable by Purchaser 317,050 Cash Recoveries: 26 Net liquidation proceeds (from HUD-1 settl stmt) 205,000 27 Hazard Insurance proceeds 0 28 Mortgage Insurance proceeds 0 29 T & I escrow account balances, if positive 0 30 Other credits, if any (itemize) 0 31 Total Cash Recovery 205,000 32 Loss Amount Due from (112,050 Whole Bank w/ Loss Share – P&A Colonial Bank August 14, 2009 Montgomery, Alabama 80 Exhibit 2a(3) CALCULATION OF FORECLOSURE LOSS Foreclosure after a Covered Loan Mod 1 Shared-Loss Month May-09 2 Loan no: 138554 3 REO # 843 4 Loan mod date 1/17/08 5 Interest paid-to) FDIC FDIC -date 4/30/08 6 Foreclosure date 1/15/09 7 Liquidation date 4/12/09 8 Note Interest rate 4.000 % Share 0% 80% Total Carry forward from other types 9 Most recent BPO 210,000 10 Most recent BPO date 1/20/09 Foreclosure Loss calculation 11 NPV of assetsprojected cash flows at loan mod 285,000 12 Less: 2. Cumulative losses from securities 0 0 0 3. Cumulative loss from commercial Principal payments between loan mod and other pool 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 6. Cumulative loss at end of period 0 0 0 FDIC % Share x 0 % x 80 %deliquency 2,500 13 Plus:

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Bb&t Corp)

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Exhibit 1 Monthly Certificate SEE FOLLOWING PAGE 80 CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC PART 1 - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATEDCURRENT MONTH NET LOSS Specify loss type as Foreclosure, or Short-Sale. Loss Month is the reporting month in which the Loss was reported. MONTH ENDED: Jan 1[input report month] Losses Loan No. Loss Type Loss Amount TOTAL Recoveries Loan No. XX Recovery Amount A Loss Amount is the amount of Loss incurred and reported on the loan in a Loss Month Loss Amount TOTAL XX B Net Losses XX C = A - B If Col. D minus Col. E is less than zero, 2009 enter zero. (Recoveries) PART 2 - FIRST LOSS TEST Col. D Cumulative Loss Amount Col. E First Loss Tranche Col. D - Col. E Cumulative Shared-Loss Period Ended: Amount Balance, beginning of month Current month Net Losses (Dollarsfrom Part 1) Calculation XX XX XX XX F Balance, end of month XX XX XX G Shared Loss Amount Due XX G - F Times Loss Share percentage 80% Amount due from (to) FDIC FDIC % Share 0% 80% Total Carry forward from other types as Receiver XX Pursuant to Section 2.1 of assets: 2. Cumulative losses from securities 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 FDIC % Share x 0 % x 80 % 7. Amount Due from (to) FDIC 0 + 0 + = — Preparer name: Preparer signature Preparer title: Officer name: Officer signature Officer title: Date: CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 the Single Family Shared-Loss Period EndedAgreement, the undersigned hereby certifies the information on this Certificate is true, complete and correct. OFFICER SIGNATURE OFFICER NAME: TITLE Exhibit 2a This exhibit contains three versions of the loss share calculation for foreclosure, plus explanatory notes. Exhibit 2a(1) CALCULATION OF FORECLOSURE LOSS Foreclosure Occurred Prior to Loss Share Agreement 1 Shared-Loss Month May-09 2 Loan no: 364574 3 REO # 621 4 Foreclosure date 12/18/08 5 Liquidation date 4/12/09 6 Note Interest rate 8.100% 7 Most recent BPO 228,000 8 Most recent BPO date 1/21/09 Foreclosure Loss calculation 9 Book value at date of Loss Share agreement 244,900 Accrued interest, limited to 90 days or days from failure 10 to sale, whichever is less 3,306 11 Costs incurred after Loss Share agreement in place: 12 Attorney's fees 0 Foreclosure costs, including title search, filing fees, 13 advertising, etc. 0 14 Property protection costs, maint. and repairs 6,500 15 Tax and insurance advances 0 Other Advances 16 Appraisal/Broker's Price Opinion fees 0 17 Inspections 0 18 Other 0 19 Gross balance recoverable by Purchaser 254,706 Cash Recoveries: 20 Net liquidation proceeds (Dollarsfrom HUD-1 settl stmt) Calculation of 219,400 21 Hazard Insurance proceeds 0 22 Mortgage Insurance proceeds 0 23 T & I escrow account balances, if positive 0 24 Other credits, if any (itemize) 0 25 Total Cash Recovery 219,400 26 Loss Amount Due from (to) FDIC FDIC % Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 3. Cumulative loss from commercial and other pool 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 6. Cumulative loss at end of period 0 0 0 FDIC % Share x 0 % x 80 %35,306 Exhibit 2a(2)

Appears in 1 contract

Samples: Purchase and Assumption Agreement

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Exhibit 1 Monthly Certificate SEE FOLLOWING PAGE 80 CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC United Commercial Bank San Francisco, CA PART 1 - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATEDCURRENT MONTH NET LOSS MONTH ENDED: Jan 1[input report month] Losses Loan No. Loss Type Loss Amount Specify loss type as Foreclosure, 2009 or Short-Sale. TOTAL XX A Loss Amount is the amount of Loss incurred and reported on the loan in a Loss Month is the reporting month in which the Loss was reported. Recoveries Loan No. Recovery Amount Loss Amount Loss Month TOTAL Net Losses (Recoveries) XX B XX C = A - B PART 2 - FIRST LOSS TEST If Col. D minus Col. E is less than zero, enter zero. Col. D Cumulative Loss Amount Col. E First Loss Tranche Col. D - Col. E Cumulative Shared-Loss Period Ended: Amount Balance, beginning of month Current month Net Losses (Dollarsfrom Part 1) Calculation Balance, end of month Shared Loss Amount Due Times Loss Share percentage Amount due from (to) FDIC FDIC % Share 0% as Receiver XX G - F 80% Total Carry forward from other types XX United Commercial Bank San Francisco, CA Pursuant to Section 2.1 of assets: 2. Cumulative losses from securities 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 FDIC % Share x 0 % x 80 % 7. Amount Due from (to) FDIC 0 + 0 + = — Preparer name: Preparer signature Preparer title: Officer name: Officer signature Officer title: Date: CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 the Single Family Shared-Loss Period EndedAgreement, the undersigned hereby certifies the information on this Certificate is true, complete and correct. OFFICER SIGNATURE OFFICER NAME: TITLE United Commercial Bank San Francisco, CA Exhibit 2a This exhibit contains three versions of the loss share calculation for foreclosure, plus explanatory notes. Exhibit 2a(1) CALCULATION OF FORECLOSURE LOSS Foreclosure Occurred Prior to Loss Share Agreement 1 Shared-Loss Month May-09 2 Loan no: 364574 3 REO # 621 4 Foreclosure date 12/18/08 5 Liquidation date 4112109 6 Note Interest rate 8.100 % 7 Most recent BPO 228,000 8 Most recent BPO date 1/21/09 Foreclosure Loss calculation 9 Book value at date of Loss Share agreement 244,900 10 Accrued interest, limited to 90 days or days from failure to sale, whichever is less 3,306 11 Costs incurred after Loss Share agreement in place: 12 Attorney’s fees 0 13 Foreclosure costs, including title search, filing fees, advertising, etc. 0 14 Property protection costs, maint. and repairs 6,500 15 Tax and insurance advances 0 Other Advances 16 Appraisal/Broker’s Price Opinion fees 0 17 Inspections 0 18 Other 0 19 Gross balance recoverable by Purchaser 254,706 Cash Recoveries: 20 Net liquidation proceeds (Dollarsfrom HUD-1 settl stmt) Calculation 219,400 21 Hazard Insurance proceeds 0 22 Mortgage Insurance proceeds 0 23 T & I escrow account balances, if positive 0 24 Other credits, if any (itemize) 0 25 Total Cash Recovery 219,400 26 Loss Amount 35,306 United Commercial Bank San Francisco, CA Exhibit 2a(2) CALCULATION OF FORECLOSURE LOSS No Preceeding Loan Mod under Loss Share 1 Shared-Loss Month May-09 2 Loan no: 292334 3 REO # 477 4 Interest paid-to-date 4/30/08 5 Foreclosure date 1/15/09 6 Liquidation date 4/12/09 7 Note Interest rate 8.000% 8 Owner occupied? Yes 9 If owner-occupied: 10 Borrower current gross annual income 42,000 11 Estimated NPV of loan mod 195,000 12 Most recent BPO 235,000 13 Most recent BPO date 1/21/09 Foreclosure Loss calculation 16 Loan Principal balance after last paid installment 300,000 17 Accrued interest, limited to 90 days 6,000 18 Attorney’s fees 0 19 Foreclosure costs, including title search, filing fees, advertising, etc. 4,000 20 Property protection costs, maint. and repairs 5,500 21 Tax and insurance advances 1,500 Other Advances 22 Appraisal/Broker’s Price Opinion fees 0 23 Inspections 50 24 Other 0 25 Gross balance recoverable by Purchaser 317,050 Cash Recoveries: 26 Net liquidation proceeds (from HUD-1 settl stmt) 205,000 27 Hazard Insurance proceeds 0 28 Mortgage Insurance proceeds 0 29 T & I escrow account balances, if positive 0 30 Other credits, if any (itemize) 0 31 Total Cash Recovery 205,000 32 Loss Amount Due from (112,050 United Commercial Bank San Francisco, CA Exhibit 2a(3) CALCULATION OF FORECLOSURE LOSS Foreclosure after a Covered Loan Mod 1 Shared-Loss Month May-09 2 Loan no: 138554 3 REO # 843 4 Loan mod date 1/17/08 5 Interest paid-to) FDIC FDIC -date 4/30/08 6 Foreclosure date 1/15/09 7 Liquidation date 4/12/09 8 Note Interest rate 4.000% Share 0% 80% Total Carry forward from other types 9 Most recent BPO 210,000 10 Most recent BPO date 1/20/09 Foreclosure Loss calculation 11 NPV of assetsprojected cash flows at loan mod 285,000 12 Less: 2. Cumulative losses from securities 0 0 0 3. Cumulative loss from commercial Principal payments between loan mod and other pool 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 6. Cumulative loss at end of period 0 0 0 FDIC % Share x 0 % x 80 %delinquency 2,500 13 Plus:

Appears in 1 contract

Samples: Purchase and Assumption Agreement (East West Bancorp Inc)

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Exhibit 1 Monthly Certificate SEE FOLLOWING PAGE 80 CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX CENTURY BANK, A FEDERAL SAVINGS BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1SARASOTA, 2009 FLORIDA 73 CENTURY BANK, A FEDERAL SAVINGS BANK SARASOTA, FLORIDA Pursuant to Section 2.1 of the Single Family Shared-Loss Period EndedAgreement, the undersigned hereby certifies the information on this Certificate is true, complete and correct. OFFICER SIGNATURE TITLE OFFICER NAME: (DollarsCENTURY BANK, A FEDERAL SAVINGS BANK SARASOTA, FLORIDA 75 Exhibit 2a This exhibit contains three versions of the loss share calculation for foreclosure, plus explanatory notes. Exhibit 2a(1) Calculation of Amount Due from (to) FDIC FDIC % CALCULATION OF FORECLOSURE LOSS Foreclosure Occurred Prior to Loss Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 FDIC % Share x 0 % x 80 % 7. Amount Due from (to) FDIC 0 + 0 + = — Preparer name: Preparer signature Preparer title: Officer name: Officer signature Officer title: Date: CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 Agreement 1 Shared-Loss Period EndedMonth May-09 2 Loan no: 364574 3 REO # 621 4 Foreclosure date 12/18/08 5 Liquidation date 4/12/09 6 Note Interest rate 8.100 % 7 Most recent BPO 228,000 8 Most recent BPO date 1/21/09 Foreclosure Loss calculation 9 Book value at date of Loss Share agreement 244,900 10 Accrued interest, limited to 90 days or days from failure to sale, whichever is less 3,306 11 Costs incurred after Loss Share agreement in place: 12 Attorney’s fees 0 13 Foreclosure costs, including title search, filing fees, advertising, etc. 0 14 Property protection costs, maint. and repairs 6,500 15 Tax and insurance advances 0 Other Advances 16 Appraisal/Broker’s Price Opinion fees 0 17 Inspections 0 18 Other 0 19 Gross balance recoverable by Purchaser 254,706 Cash Recoveries: 20 Net liquidation proceeds (Dollarsfrom HUD-1 settl stmt) Calculation 219,400 21 Hazard Insurance proceeds 0 22 Mortgage Insurance proceeds 0 23 T & I escrow account balances, if positive 0 24 Other credits, if any (itemize) 0 25 Total Cash Recovery 219,400 26 Loss Amount 35,306 CENTURY BANK, A FEDERAL SAVINGS BANK SARASOTA, FLORIDA 76 Exhibit 2a(2) CALCULATION OF FORECLOSURE LOSS No Preceeding Loan Mod under Loss Share 1 Shared-Loss Month May-09 2 Loan no: 292334 3 REO # 477 4 Interest paid-to-date 4/30/08 5 Foreclosure date 1/15/09 6 Liquidation date 4/12/09 7 Note Interest rate 8.000 % 8 Owner occupied? Yes 9 If owner-occupied: 10 Borrower current gross annual income 42,000 11 Estimated NPV of loan mod 195,000 12 Most recent BPO 235,000 13 Most recent BPO date 1/21/09 Foreclosure Loss calculation 16 Loan Principal balance after last paid installment 300,000 17 Accrued interest, limited to 90 days 6,000 18 Attorney’s fees 0 19 Foreclosure costs, including title search, filing fees, advertising, etc. 4,000 20 Property protection costs, maint. and repairs 5,500 21 Tax and insurance advances 1,500 Other Advances 22 Appraisal/Broker’s Price Opinion fees 0 23 Inspections 50 24 Other 0 25 Gross balance recoverable by Purchaser 317,050 Cash Recoveries: 26 Net liquidation proceeds (from HUD-1 settl stmt) 205,000 27 Hazard Insurance proceeds 0 28 Mortgage Insurance proceeds 0 29 T & I escrow account balances, if positive 0 30 Other credits, if any (itemize) 0 31 Total Cash Recovery 205,000 32 Loss Amount Due from (112,050 CENTURY BANK, A FEDERAL SAVINGS BANK SARASOTA, FLORIDA 77 Exhibit 2a(3) CALCULATION OF FORECLOSURE LOSS Foreclosure after a Covered Loan Mod 1 Shared-Loss Month May-09 2 Loan no: 138554 3 REO # 843 4 Loan mod date 1/17/08 5 Interest paid-to) FDIC FDIC -date 4/30/08 6 Foreclosure date 1/15/09 7 Liquidation date 4/12/09 8 Note Interest rate 4.000 % Share 0% 80% Total Carry forward from other types 9 Most recent BPO 210,000 10 Most recent BPO date 1/20/09 Foreclosure Loss calculation 11 NPV of assetsprojected cash flows at loan mod 285,000 12 Less: 2. Cumulative losses from securities 0 0 0 3. Cumulative loss from commercial Principal payments between loan mod and other pool 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 6. Cumulative loss at end of period 0 0 0 FDIC % Share x 0 % x 80 %deliquency 2,500 13 Plus:

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Iberiabank Corp)

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Exhibit 1 Monthly Certificate SEE FOLLOWING PAGE 80 CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 84 85 Exhibit 2.1(c) 1 Shared-Loss Period Ended: (DollarsMonth 2 Loan ID 3 First payment date 4 Property type 5 Lien 7 Documentation 8 Original FICO 9 Original LTV 10 Original combined LTV 11 Original front-end DTI 12 Original back-end DTI 13 Negative Amortization cap 14 Property city 15 Property state 16 Property street address 17 Property zip 18 Maturity date 19 MI Coverage 20 Occupancy 21 Interest rate type 22 Product Type 23 Loan amortization type 24 Lookback 25 Margin 26 Interest rate index 27 Interest rate cap 28 Interest rate floor 29 First interest cap 30 Periodic interest cap 31 Periodic interest floor 32 Pay Cap 33 UPB 34 Interest rate 35 Paid-to date 36 Next payment due date 37 Scheduled payment 38 Escrow payment 87 39 Escrow balance 40 Next interest rate reset date 41 Next payment reset date 42 Rate reset period 43 Payment reset period 44 Payment History 45 Exceptional Loan Status 46 Valuation date 47 Valuation amount 48 Valuation type 49 Household income 50 Current FICO 51 Maximum Draw Amount 52 Draw period 53 Superior Lien Balance Exhibit 2a(1) Calculation of Amount Due from (to) CALCULATION OF RESTRUCTURING LOSS -HAMP or FDIC FDIC % Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 FDIC % Share x 0 % x 80 % 7. Amount Due from (to) FDIC 0 + 0 + = — Preparer name: Preparer signature Preparer title: Officer name: Officer signature Officer title: Date: CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 LOAN MODIFICATION 1 Shared-Loss Period EndedMonth 20090531 2 Loan no: 123,456 3 Modification Program: HAMP Loan before Restructuring 4 Unpaid principal balance 450,000 5 Remaining term 298 6 Interest rate 0.06500 7 Next ARM reset rate (Dollarsif within next 4 months) 0.00000 8 Interest Paid-To-Date 20081230 9 Delinquency Status FC 10 Monthly payment - P&I 3,047 11 Monthly payment -T&I 1,000 Total monthly payment 4,047 12 Household current annual income 95,000 13 Valuation Date 20090121 14 Valuation Amount 425,000 15 Valuation Type (Interior/exterior appraisal, BPO, AVM, etc) AVM Terms of Modified/Restructured Loan 16 1st Trial Payment Due Date 20090119 17 Modification Effective Date 20090419 18 Net Unpaid Principal Balance (net of forbearance & principal reduction) 467,188 19 Principal forbearance 0 20 Principal reduction 0 21 Product (fixed or step) step 22 Remaining amortization term 480 23 Maturity date 20490119 24 Interest rate 0.02159 25 Next Payment due date 20090601 26 Monthly payment - P&I 1,454 27 Monthly payment -T&I 1,000 Total monthly payment 2,454 28 Next reset date 20140501 29 Interest rate change per adjustment 0.01000 30 Lifetime interest rate cap 0.05530 31 Back end DTI 0.45000 Restructuring Loss Calculation same as Unpaid Principal Balance before 4 above restructuring/modification 450,000 34 Accrued interest, limited to 90 days 7,313 35 Attorney's fees 0 36 Foreclosure costs, including title search, filing fees, advertising, etc. 500 37 Property protection costs, maint. and repairs 0 38 Tax and insurance advances 2,500 Other Advances 39 Appraisal/Broker's Price Opinion fees 100 40 Inspections 0 41 Other 0 Total loan balance due before restructuring 460,413 Cash Recoveries: 42 MI contribution 0 43 Other credits 0 44 T & I escrow account balances, if positive Total Cash Recovery 0 Assumptions for Calculating Loss Share Amount, Restructured Loans: 45 Discount rate for projected cash flows 0.05530 46 Loan prepayment in full 120 47 NPV of projected cash flows (see amort schd1) 386,927 48 Gain/Loss Amount 73,485 Line item deductions can be found in SFR Data Submission Handbook. Exhibit 2a(2) CALCULATION OF RESTRUCTURING LOSS - 2nd FDIC MODIFICATION 1 Shared-Loss Month 20090531 2 Loan no: 123,456 3 Modification Program: FDIC Loan before Restructuring 4 Unpaid principal balance 450,000 5 Remaining term 298 6 Interest rate 0.06500 7 Next ARM reset rate (if within next 4 months) 0.00000 8 Interest Paid-To-Date 20081230 9 Delinquency Status FC 10 Monthly payment - P&I 3,047 11 Monthly payment -T&I 1,000 Total monthly payment 4,047 12 Household current annual income 95,000 13 Valuation Date 20090121 14 Valuation Amount 425,000 15 Valuation Type (Interior/exterior appraisal, BPO, AVM, etc) AVM Terms of Modified/Restructured Loan 16 1st Trial Payment Due from Date 20090201 17 Modification Effective Date 20090501 18 Net Principal balance (tonet of forbearance & principal reduction) FDIC FDIC % 467,188 19 Principal forbearance 0 20 Principal reduction 0 21 Product (fixed or step) step 22 Remaining amortization term 480 23 Maturity date 20490501 24 Interest rate 0.02159 25 Next Payment due date 20090601 26 Monthly payment - P&I 1,454 27 Monthly payment -T&I 1,000 Total monthly payment 2,454 28 Next reset date 20140501 29 Interest rate change per adjustment 0.01000 30 Lifetime interest rate cap 0.05530 31 Back end DTI 0.45000 Restructuring Loss Calculation 32 Previous NPV of loan modification 458,740 33 Less: Post modification principal payments 2,500 Plus: 35 Attorney's fees 0 36 Foreclosure costs, including title search, filing fees, advertising, etc. 500 37 Property protection costs, maint. and repairs 0 38 Tax and insurance advances 2,500 Other Advances 39 Appraisal/Broker's Price Opinion fees 100 40 Inspections 0 41 Other 0 Total loan balance due before restructuring 459,340 Cash Recoveries: 42 MI contribution 0 43 Other credits 0 44 T & I escrow account balances, if positive Total Cash Recovery 0 Assumptions for Calculating Loss Share 0% 80% Total Carry forward from other types Amount, Restructured Loan: 45 Discount rate for projected cash flows 0.05530 46 Loan prepayment in full 120 47 NPV of assets: 2projected cash flows (see amort schd1) 386,927 48 Gain/Loss Amount 72,413 Line item definitions can be found in SFR Data Submission Handbook. Cumulative losses from securities 0 0 0 3. Cumulative loss from commercial and other pool 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses Notes to Exhibits 2a (gains) during period 0 0 0 6. Cumulative loss at end of period 0 0 0 FDIC % Share x 0 % x 80 %restructuring)

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Mb Financial Inc /Md)

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Monthly Certificate SEE FOLLOWING PAGE 80 CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 72 Pursuant to Section 2.1 of the Single Family Shared-Loss Period EndedAgreement, the undersigned hereby certifies the information on this Certificate is true, complete and correct. OFFICER SIGNATURE OFFICER NAME: (DollarsTITLE Exhibit 2a This exhibit contains three versions of the loss share calculation for foreclosure, plus explanatory notes. Exhibit 2a(1) Calculation of Amount Due from (to) FDIC FDIC % CALCULATION OF FORECLOSURE LOSS Foreclosure Occurred Prior to Loss Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 FDIC % Share x 0 % x 80 % 7. Amount Due from (to) FDIC 0 + 0 + = — Preparer name: Preparer signature Preparer title: Officer name: Officer signature Officer title: Date: CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 Agreement 1 Shared-Loss Period EndedMonth May-09 2 Loan no: 364574 3 REO # 621 4 Foreclosure date 12/18/08 5 Liquidation date 4/12/09 6 Note Interest rate 8.100 % 7 Most recent BPO 228,000 8 Most recent BPO date 1/21/09 Foreclosure Loss calculation 9 Book value at date of Loss Share agreement 244,900 10 Accrued interest, limited to 90 days or days from failure to sale, whichever is less 3,306 11 Costs incurred after Loss Share agreement in place: 12 Attorney’s fees 0 13 Foreclosure costs, including title search, filing fees, advertising, etc. 0 14 Property protection costs, maint. and repairs 6,500 15 Tax and insurance advances 0 Other Advances 16 Appraisal/Broker’s Price Opinion fees 0 17 Inspections 0 18 Other 0 19 Gross balance recoverable by Purchaser 254,706 Cash Recoveries: 20 Net liquidation proceeds (Dollarsfrom HUD-1 settl stmt) Calculation 219,400 21 Hazard Insurance proceeds 0 22 Mortgage Insurance proceeds 0 23 T & I escrow account balances, if positive 0 24 Other credits, if any (itemize) 0 25 Total Cash Recovery 219,400 26 Loss Amount 35,306 Exhibit 2a(2) CALCULATION OF FORECLOSURE LOSS No Preceeding Loan Mod under Loss Share 1 Shared-Loss Month May-09 2 Loan no: 292334 3 REO # 477 4 Interest paid-to-date 4/30/08 5 Foreclosure date 1/15/09 6 Liquidation date 4/12/09 7 Note Interest rate 8.000 % 8 Owner occupied? Yes 9 If owner-occupied: 10 Borrower current gross annual income 42,000 11 Estimated NPV of loan mod 195,000 12 Most recent BPO 235,000 13 Most recent BPO date 1/21/09 Foreclosure Loss calculation 16 Loan Principal balance after last paid installment 300,000 17 Accrued interest, limited to 90 days 6,000 18 Attorney’s fees 0 19 Foreclosure costs, including title search, filing fees, advertising, etc. 4,000 20 Property protection costs, maint. and repairs 5,500 21 Tax and insurance advances 1,500 Other Advances 22 Appraisal/Broker’s Price Opinion fees 0 23 Inspections 50 24 Other 0 25 Gross balance recoverable by Purchaser 317,050 Cash Recoveries: 26 Net liquidation proceeds (from HUD-1 settl stmt) 205,000 27 Hazard Insurance proceeds 0 28 Mortgage Insurance proceeds 0 29 T & I escrow account balances, if positive 0 30 Other credits, if any (itemize) 0 31 Total Cash Recovery 205,000 32 Loss Amount Due from (112,050 Exhibit 2a(3) CALCULATION OF FORECLOSURE LOSS Foreclosure after a Covered Loan Mod 1 Shared-Loss Month May-09 2 Loan no: 138554 3 REO # 843 4 Loan mod date 1/17/08 5 Interest paid-to) FDIC FDIC -date 4/30/08 6 Foreclosure date 1/15/09 7 Liquidation date 4/12/09 8 Note Interest rate 4.000 % Share 0% 80% Total Carry forward from other types 9 Most recent BPO 210,000 10 Most recent BPO date 1/20/09 Foreclosure Loss calculation 11 NPV of assetsprojected cash flows at loan mod 285,000 12 Less: 2. Cumulative losses from securities 0 0 0 3. Cumulative loss from commercial Principal payments between loan mod and other pool 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 6. Cumulative loss at end of period 0 0 0 FDIC % Share x 0 % x 80 %deliquency 2,500 13 Plus:

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Pacwest Bancorp)

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Monthly Certificate SEE FOLLOWING PAGE 80 CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 Shared-Loss Period Ended: (Dollars) Calculation of Amount Due from (to) FDIC FDIC % Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 FDIC % Share x 0 % x 80 % 7. Amount Due from (to) FDIC 0 + 0 + = — Preparer name: Preparer signature Preparer title: Officer name: Officer signature Officer title: Date: CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 Shared-Loss Period Ended: (Dollars) Calculation of Amount Due from (to) FDIC FDIC % Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 3. Cumulative loss from commercial and other pool 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 6. Cumulative loss at end of period 0 0 0 FDIC % Share x 0 % x 80 %% 7. Amount Due from (to) FDIC 0 + 0 + = — Memo: threshold for recovery percentage 0 0 Preparer name: Preparer signature Preparer title: Officer name: Officer signature Officer title: Date: XXXXXXXXX Bank FIN No. Schedule 4.15B Date: Non-Single Family Shared-Loss Agreement Proforma Net Balance* Unfunded Schedule 4.15B as provided $ — $ — Loan Number Name Net Balance Unfunded Explanation (Loan Description) Add the following loans currently included in Schedule 4.15A Non-Single Family Shared-Loss Agreement: Subtotal — — Subtract the following loans currently included in Schedule 4.15B Single Family Shared-Loss Agreement: Subtotal — — Add the following loan not included in either Schedule 4.15A or 4.15B Asset Detail (Must provide documentation) Subtotal — — Add the following Unfunded Commitments (Must provide documentation) Total Adjustments — — Schedule 4.15B Revised Totals $ — $ — Note: Total adjustments should also be reflected in the Certificate filing for the quarter this form is submitted. * Net Balance agrees with amount noted on Schedule 4.15A Single Family Shared-Loss Agreement, or Revised Totals if this form has already been submitted previously. XXXXXXXXX Bank FIN No. Schedule 4.15A Date: Single Family Shared-Loss Agreement Proforma Net Balance* Unfunded Schedule 4.15A as provided $ — $ — Loan Number Name Net Balance Unfunded Explanation (Loan Description) Add the following loans currently included in Schedule 4.15B Non-Single Family Shared-Loss Agreement: Subtotal — — Subtract the following loans currently included in Schedule 4.15A Single Family Shared-Loss Agreement: Add the following loan not included in either Schedule 4.15A or4.15B Asset Detail (Must provide documentation) Subtotal — — Add the following Unfunded Commitments (Must provide documentation) Total Adjustments — — Schedule 4.15A Revised Totals $ — $ — Exhibit 2.1(c) 1 Shared-Loss Month 2 Loan ID 3 First payment date 4 Property type 5 Lien 7 Documentation 8 Original FICO 9 Original LTV 10 Original combined LTV 11 Original front-end DTI 12 Original back-end DTI 13 Negative Amortization cap 14 Property city 15 Property state 16 Property street address 17 Property zip 18 Maturity date 19 MI Coverage 20 Occupancy 21 Interest rate type 22 Product Type 23 Loan amortization type 24 Lookback 25 Margin 26 Interest rate index 27 Interest rate cap 28 Interest rate floor 29 First interest cap 30 Periodic interest cap 31 Periodic interest floor 32 Pay Cap 33 UPB 34 Interest rate 35 Paid-to date 36 Next payment due date 37 Scheduled payment 38 Escrow payment 39 Escrow balance 40 Next interest rate reset date 41 Next payment reset date 42 Rate reset period 43 Payment reset period 44 Payment History 45 Exceptional Loan Status 46 Valuation date 47 Valuation amount 48 Valuation type 49 Household income 50 Current FICO 51 Maximum Draw Amount 52 Draw period 53 Superior Lien Balance Exhibit 2a (1) CALCULATION OF RESTRUCTURING LOSS - HAMP or FDIC LOAN MODIFICATION 1 Shared-Loss Month 20090531 2 Loan no: 123456 3 Modification Program: HAMP Loan before Restructuring 4 Unpaid principal balance 450000 5 Remaining term 298 6 Interest rate 0.06500 7 Next ARM reset rate (if within next 4 months) 0.00000 8 Interest Paid-To-Date 20081230 9 Delinquency Status FC 10 Monthly payment - P&I 3047 11 Monthly payment - T&I 1000 Total monthly payment 4047 12 Household current annual income 95000 13 Valuation Date 20090121 14 Valuation Amount 425000 15 Valuation Type (Interior/exterior appraisal, BPO, AVM, etc) AVM Terms of Modified/Restructured Loan 17 Modification Effective Date 20090419 18 Net Unpaid Principal Balance (net of forbearance & principal reduction) 467188 19 Principal forbearance 0 20 Principal reduction 0 21 Product (fixed or step) step 22 Remaining amortization term 480 23 Maturity date 20490119 24 Interest rate 0.02159 25 Next Payment due date 20090601 26 Monthly payment - P&I 1454 27 Monthly payment - T&I 1000 Total monthly payment 2454 28 Next reset date 20140501 29 Interest rate change per adjustment 0.01000 30 Lifetime interest rate cap 0.05530 31 Back end DTI 0.45000 Restructuring Loss Calculation same as Unpaid Principal Balance before 4 above restructuring/modification 450000 34 Accrued interest, limited to 90 days 7313 35 Attorney’s fees 0 36 Foreclosure costs, including title search, filing fees, advertising, etc. 500 37 Property protection costs, maint. and repairs 0 38 Tax and insurance advances 2500 39 Other Advances Appraisal/Broker’s Price Opinion fees 100 40 Inspections 0 41 Other 0 Total loan balance due before restructuring 460413 Cash Recoveries: 42 MI contribution 0 43 Other credits 0 44 T & I escrow account balances, if positive Total Cash Recovery 0 Assumptions for Calculating Loss Share Amount, Restructured Loan: 45 Discount rate for projected cash flows 0.05530 46 Loan prepayment in full 120 47 NPV of projected cash flows (see amount schd1) 386927 48 Gain/Loss Amount 73485 Line item definitions can be found in SFR Data Submission Handbook. Exhibit 2a(2) CALCULATION OF RESTRUCTURING LOSS - 2nd FDIC MODIFICATION 1 Shared-Loss Month 20090531 2 Loan no: 123456 3 Modification Program: FDIC Loan before Restructuring 4 Unpaid principal balance 450000 5 Remaining term 298 6 Interest rate 0.06500 7 Next ARM reset rate (if within next 4 months) 0.00000 8 Interest Paid-To-Date 20061230 9 Delinquency Status FC 10 Monthly payment - P&I 3047 11 Monthly payment - T&I 1000 Total monthly payment 4047 12 Household current annual income 95000 13 Valuation Date 20090121 14 Valuation Amount 425000 15 Valuation Type (Interior/exterior appraisal, BPO, AVM, etc) AVM Terms of Modified/Restructured Loan 17 Modification Effective Date 20090501 18 Net Principal balance (net of forbearance & principal reduction) 467188 19 Principal forbearance 0 20 Principal reduction 0 21 Product (fixed or step) step 22 Remaining amortization term 480 23 Maturity date 20490501 24 Interest rate 0.02159 25 Next Payment due date 20090601 26 Monthly payment - P&I 1454 27 Monthly payment - T&I 1000 Total monthly payment 2464 28 Next reset date 20140501 29 Interest rate change per adjustment 0.01000 30 Lifetime interest rate cap 0.05530 31 Back end DTI 0.45000 Restructuring Loss Calculation 32 Previous NPV of loan modification 458740 33 Less: Post modification principal payments 2500 Plus: 35 Attorney’s fees 0 36 Foreclosure costs, including title search, filing fees, advertising, etc. 500 37 Property protection costs, maint. and repairs 0 38 Tax and insurance advances 2500 39 Other Advances Appraisal/Broker’s Price Opinion fees 100 40 Inspections 0 41 Other 0 Total loan balance due before restructuring 459340 Cash Recoveries: 42 MI contribution 0 43 Other credits 0 44 T & I escrow account balances, if positive Total Cash Recovery 0 Assumptions for Calculating Loss Share Amount, Restructured Loan: 45 Discount rate for projected cash flows 0.05530 46 Loan prepayment in full 120 47 NPV of projected cash flows (see amount schd1) 386927 48 Gain/Loss Amount 72413 Line item definitions can be found in SFR Data Submission Handbook. Notes to Exhibits 2a (restructuring)

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Pacwest Bancorp)

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Monthly Certificate SEE FOLLOWING PAGE 80 CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 81 Exhibit 2.1(c) 1 Shared-Loss Period Ended: (Dollars) Calculation of Month 2 Loan ID 3 First payment date 4 Property type 5 Lien 7 Documentation 8 Original FICO 9 Original LTV 10 Original combined LTV 11 Original front-end DTI 12 Original back-end DTI 13 Negative Amortization cap 14 Property city 15 Property state 16 Property street address 17 Property zip 18 Maturity date 19 MI Coverage 20 Occupancy 21 Interest rate type 22 Product Type 23 Loan amortization type 24 Lookback 25 Margin 26 Interest rate index 27 Interest rate cap 28 Interest rate floor 29 First interest cap 30 Periodic interest cap 31 Periodic interest floor 32 Pay Cap 33 UPB 34 Interest rate 35 Paid-to date 36 Next payment due date 37 Scheduled payment 38 Escrow payment 83 39 Escrow balance 40 Next interest rate reset date 41 Next payment reset date 42 Rate reset period 43 Payment reset period 44 Payment History 45 Exceptional Loan Status 46 Valuation date 47 Valuation amount 48 Valuation type 49 Household income 50 Current FICO 51 Maximum Draw Amount Due from (to) FDIC FDIC % Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 4. Total cumulative losses at beg of 52 Draw period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 FDIC % Share x 0 % x 80 % 7. Amount Due from (to) FDIC 0 + 0 + = — Preparer name: Preparer signature Preparer title: Officer name: Officer signature Officer title: Date: CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 Shared-Loss Period Ended: (Dollars) Calculation of Amount Due from (to) FDIC FDIC % Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 3. Cumulative loss from commercial and other pool 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 6. Cumulative loss at end of period 0 0 0 FDIC % Share x 0 % x 80 %53 Superior Lien Balance

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Simmons First National Corp)

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Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Exhibit 1 Monthly Certificate SEE FOLLOWING PAGE 80 CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 Shared-Loss Period Ended: (Dollars) Calculation of Amount Due from (to) FDIC FDIC % Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 FDIC % Share x 0 % x 80 % 7. Amount Due from (to) FDIC 0 + 0 + = — Preparer name: Preparer signature Preparer title: Officer name: Officer signature Officer title: Date: CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 Shared-Loss Period Ended: (Dollars) Calculation of Amount Due from (to) FDIC FDIC % Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 3. Cumulative loss from commercial and other pool 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 6. Cumulative loss at end of period 0 0 0 FDIC % Share x 0 0% x 80 %80% 7. Amount Due from (to) FDIC 0 + 0 + = - Memo: threshold for recovery percentage 0 0 Preparer name: Preparer signature Preparer title: Officer name: Officer signature Officer title: Date: CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 Shared-Loss Period Ended: (Dollars) Calculation of Amount Due from (to) FDIC FDIC % Share 0% 80% Total FDIC % Share 7. Amount Due from (to) FDIC Memo: threshold for recovery percentage x 0% x 80% 0 + 0 + = - 0 0 Preparer name: Preparer title: Preparer signature Officer name: Officer title: Officer signature Date: XXXXXXXXX Bank FIN No. _ Schedule 4.15B Non-Single Family Shared-Loss Agreement Proforma Net Balance* Schedule 4.15B as provided $ - $ Loan Number Name Net Balance Date: Unfunded - Unfunded Explanation (Loan Description) Add the following loans currently included in Schedule 4.15A Non-Single Family Shared-Loss Agreement: - - - - - - - - - - Subtotal - - Subtract the following loans currently included in Schedule 4.15B Single Family Shared-Loss Agreement: - - - - - - - - - - Subtotal - - Add the following loan not included in either Schedule 4.15A or 4.15B Asset Detail (Must provide documentation) - - - - - - - - - - Subtotal - - Add the following Unfunded Commitments (Must provide documentation) - - - - - - - - - - Subtotal - - Total Adjustments - - Schedule 4.15B Revised Totals $ - $ - Note: Total adjustments should also be reflected in the Certificate filing for the quarter this form is submitted. * Net Balance agrees with amount noted on Schedule 4.15A Single Family Shared-Loss Agreement, or Revised Totals if this form has already been submitted previously.

Appears in 1 contract

Samples: Purchase and Assumption Agreement

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Exhibit 1 Monthly Certificate SEE FOLLOWING PAGE 80 CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1Orion Bank Naples, 2009 FL 74 Orion Bank Naples, FL Pursuant to Section 2.1 of the Single Family Shared-Loss Period EndedAgreement, the undersigned hereby certifies the information on this Certificate is true, complete and correct. OFFICER SIGNATURE TITLE OFFICER NAME: (DollarsOrion Bank Naples, FL 76 Exhibit 2a This exhibit contains three versions of the loss share calculation for foreclosure, plus explanatory notes. Exhibit 2a(1) Calculation of Amount Due from (to) FDIC FDIC % CALCULATION OF FORECLOSURE LOSS Foreclosure Occurred Prior to Loss Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 FDIC % Share x 0 % x 80 % 7. Amount Due from (to) FDIC 0 + 0 + = — Preparer name: Preparer signature Preparer title: Officer name: Officer signature Officer title: Date: CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 Agreement 1 Shared-Loss Period EndedMonth May-09 2 Loan no: 364574 3 REO # 621 4 Foreclosure date 12/18/08 5 Liquidation date 4/12/09 6 Note Interest rate 8.100 % 7 Most recent BPO 228,000 8 Most recent BPO date 1/21/09 Foreclosure Loss calculation 9 Book value at date of Loss Share agreement 244,900 10 Accrued interest, limited to 90 days or days from failure to sale, whichever is less 3,306 11 Costs incurred after Loss Share agreement in place: 12 Attorney’s fees 0 13 Foreclosure costs, including title search, filing fees, advertising, etc. 0 14 Property protection costs, maint. and repairs 6,500 15 Tax and insurance advances 0 Other Advances 16 Appraisal/Broker’s Price Opinion fees 0 17 Inspections 0 18 Other 0 19 Gross balance recoverable by Purchaser 254,706 Cash Recoveries: 20 Net liquidation proceeds (Dollarsfrom HUD-1 settl stmt) Calculation 219,400 21 Hazard Insurance proceeds 0 22 Mortgage Insurance proceeds 0 23 T & I escrow account balances, if positive 0 24 Other credits, if any (itemize) 0 25 Total Cash Recovery 219,400 26 Loss Amount 35,306 Orion Bank Naples, FL 77 Exhibit 2a(2) CALCULATION OF FORECLOSURE LOSS No Preceeding Loan Mod under Loss Share 1 Shared-Loss Month May-09 2 Loan no: 292334 3 REO # 477 4 Interest paid-to-date 4/30/08 5 Foreclosure date 1/15/09 6 Liquidation date 4/12/09 7 Note Interest rate 8.000 % 8 Owner occupied? Yes 9 If owner-occupied: 10 Borrower current gross annual income 42,000 11 Estimated NPV of loan mod 195,000 12 Most recent BPO 235,000 13 Most recent BPO date 1/21/09 Foreclosure Loss calculation 16 Loan Principal balance after last paid installment 300,000 17 Accrued interest, limited to 90 days 6,000 18 Attorney’s fees 0 19 Foreclosure costs, including title search, filing fees, advertising, etc. 4,000 20 Property protection costs, maint. and repairs 5,500 21 Tax and insurance advances 1,500 Other Advances 22 Appraisal/Broker’s Price Opinion fees 0 23 Inspections 50 24 Other 0 25 Gross balance recoverable by Purchaser 317,050 Cash Recoveries: 26 Net liquidation proceeds (from HUD-1 settl stmt) 205,000 27 Hazard Insurance proceeds 0 28 Mortgage Insurance proceeds 0 29 T & I escrow account balances, if positive 0 30 Other credits, if any (itemize) 0 31 Total Cash Recovery 205,000 32 Loss Amount Due from (112,050 Orion Bank Naples, FL 78 Exhibit 2a(3) CALCULATION OF FORECLOSURE LOSS Foreclosure after a Covered Loan Mod 1 Shared-Loss Month May-09 2 Loan no: 138554 3 REO # 843 4 Loan mod date 1/17/08 5 Interest paid-to) FDIC FDIC -date 4/30/08 6 Foreclosure date 1/15/09 7 Liquidation date 4/12/09 8 Note Interest rate 4.000 % Share 0% 80% Total Carry forward from other types 9 Most recent BPO 210,000 10 Most recent BPO date 1/20/09 Foreclosure Loss calculation 11 NPV of assetsprojected cash flows at loan mod 285,000 12 Less: 2. Cumulative losses from securities 0 0 0 3. Cumulative loss from commercial Principal payments between loan mod and other pool 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 6. Cumulative loss at end of period 0 0 0 FDIC % Share x 0 % x 80 %deliquency 2,500 13 Plus:

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Iberiabank Corp)

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Exhibit 1 Monthly Certificate SEE FOLLOWING PAGE 80 CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 81 Exhibit 2.1(c) 1 Shared-Loss Period Ended: Month 2 Loan ID 3 First payment date 4 Property type 5 Lien 7 Documentation 8 Original FICO 9 Original LTV 10 Original combined LTV 11 Original front-end DTI 12 Original back-end DTI 13 Negative Amortization cap 14 Property city 15 Property state 16 Property street address 17 Property zip 18 Maturity date 19 MI Coverage 20 Occupancy 21 Interest rate type 22 Product Type 22 Loan amortization type 24 Lookback 25 Margin 26 Interest rate index 27 Interest rate cap 28 Interest rate floor 29 First interest cap 30 Periodic interest cap 31 Periodic interest floor 32 Pay Cap 33 UPB 34 Interest rate 35 Paid-to date 36 Next payment due date 37 Scheduled payment 38 Escrow payment 83 39 Escrow balance 40 Next interest rate reset date 41 Next payment reset date 42 Rate reset period 43 Payment reset period 44 Payment History 45 Exceptional Loan Status 46 Valuation date 47 Valuation amount 48 Valuation type 49 Household income 50 Current FICO 51 Maximum Draw Amount 52 Draw period 53 Superior Lien Balance 84 Exhibit 2a (Dollars1) Calculation of Amount Due from (to) CALCULATION OF RESTRUCTURING LOSS - HAMP or FDIC FDIC % Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 FDIC % Share x 0 % x 80 % 7. Amount Due from (to) FDIC 0 + 0 + = — Preparer name: Preparer signature Preparer title: Officer name: Officer signature Officer title: Date: CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 LOAN MODIFICATION 1 Shared-Loss Period EndedMonth 20090531 2 Loan no: 123,456 3 Modification Program: HAMP Loan before Restructuring 4 Unpaid principal balance 450,000 5 Remaining term 298 6 Interest rate 0.06500 7 Next ARM reset rate (Dollarsif within next 4 months) 0.00000 8 Interest Paid-To-Date 20081230 9 Delinquency Status FC 10 Monthly payment - P&I 3,047 11 Monthly payment -T&I 1,000 Total monthly payment 4,047 12 Household current annual income 95,000 13 Valuation Date 20090121 14 Valuation Amount 425,000 15 Valuation Type (Interior/exterior appraisal, BPO, AVM, etc) AVM Terms of Modified/Restructured Loan 16 1st Trial Payment Due Date 20090119 17 Modification Effective Date 20090419 18 Net Unpaid Principal Balance (net of forbearance & principal reduction) 467,188 19 Principal forbearance 0 20 Principal reduction 0 21 Product (fixed or step) step 22 Remaining amortization term 480 23 Maturity date 20490119 24 Interest rate 0.02159 25 Next Payment due date 20090601 26 Monthly payment - P&I 1,454 27 Monthly payment -T&I 1,000 Total monthly payment 2,454 28 Next reset date 20140501 29 Interest rate change per adjustment 0.01000 30 Lifetime interest rate cap 0.05530 31 Back end DTI 0.45000 Restructuring Loss Calculation same as Unpaid Principal Balance before 4 above restructuring/modification 450,000 34 Accrued interest, limited to 90 days 7,313 35 Attorney’s fees 0 36 Foreclosure costs, including title search, filing fees, advertising, etc. 500 37 Property protection costs, maint. and repairs 0 38 Tax and insurance advances 2,500 Other Advances 39 Appraisal/Broker’s Price Opinion Fees 100 40 Inspections 0 41 Other 0 Total loan balance due before restructuring 460,413 Cash Recoveries: 42 MI contribution 0 43 Other credits 0 44 T & I escrow account balances, if positive Total Cash Recovery 0 Assumptions for Calculating Loss Share Amount, Restructured Loan: 45 Discount rate for projected cash flows 0.05530 46 Loan prepayment in full 120 47 NPV of projected cash flows (see amort schd 1) 386,927 48 Gain/Loss Amount 73,485 Line item definitions can be found in SFR Data Submission Handbook. Exhibit 2a(2) CALCULATION OF RESTRUCTURING LOSS - 2nd FDIC MODIFICATION 1 Shared-Loss Month 20090531 2 Loan no: 123,456 3 Modification Program: FDIC Loan before Restructuring 4 Unpaid principal balance 450,000 5 Remaining term 298 6 Interest rate 0.06500 7 Next ARM reset rate (if within next 4 months) 0.00000 8 Interest Paid-To-Date 20081230 9 Delinquency Status FC 10 Monthly payment - P&I 3,047 11 Monthly payment -T&I 1,000 Total monthly payment 4,047 12 Household current annual income 95,000 13 Valuation Date 20090121 14 Valuation Amount 425,000 15 Valuation Type (Interior/exterior appraisal, BPO, AVM, etc) AVM Terms of Modified/Restructured Loan 16 1st Trial Payment Due from Date 20090201 17 Modification Effective Date 20090501 18 Net Principal balance (tonet of forbearance & principal reduction) FDIC FDIC % 467,188 19 Principal forbearance 0 20 Principal reduction 0 21 Product (fixed or step) step 22 Remaining amortization term 480 23 Maturity date 20490501 24 Interest rate 0.02159 25 Next Payment due date 20090601 26 Monthly payment - P&I 1,454 27 Monthly payment -T&I 1,000 Total monthly payment 2,454 28 Next reset date 20140501 29 Interest rate change per adjustment 0.01000 30 Lifetime interest rate cap 0.05530 31 Back end DTI 0.45000 Restructuring Loss Calculation 32 Previous NPV of loan modification 458,740 33 Less: Post modification principal payments 2,500 Plus: 35 Attorney’s fees, 0 36 Foreclosure costs, including title search, filing fees, advertising, etc. 500 37 Property protection costs, maint. and repairs 0 38 Tax and insurance advances 2,500 Other Advances 39 Appraisal/Broker’s Price Opinion fees 100 40 Inspections 0 41 Other 0 Total loan balance due before restructuring 459,340 Cash Recoveries: 42 MI contribution 0 43 Other credits 0 44 T & I escrow account balances, if positive Total Cash Recovery 0 Assumptions for Calculating Loss Share 0% 80% Total Carry forward from other types Amount, Restructured Loan: 45 Discount rate for projected cash flows 0.05530 46 Loan prepayment in full 120 47 NPV of assets: 2. Cumulative losses from securities 0 0 0 3. Cumulative loss from commercial and other pool 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses projected cash flows (gainssee amort schd 1) during period 0 0 0 6. Cumulative loss at end of period 0 0 0 FDIC % Share x 0 % x 80 %386,927 48 Gain/Loss Amount 72,413 Line item definitions can be found in SFR Data Submission Handbook.

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Mb Financial Inc /Md)

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Exhibit 1 Monthly Certificate SEE FOLLOWING PAGE 80 CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1Module 1 – Whole Bank w/ Loss Share – P&A 00 Xxxxxxxxx Xxxx Xxxxxxx 0.00 Xxxxxxx, XX November 17, 2009 Module 1 – Whole Bank w/ Loss Share – P&A 00 Xxxxxxxxx Xxxx Xxxxxxx 0.00 Xxxxxxx, XX November 17, 2009 Pursuant to Section 2.1 of the Single Family Shared-Loss Period EndedAgreement, the undersigned hereby certifies the information on this Certificate is true, complete and correct. OFFICER SIGNATURE OFFICER NAME: (Dollars) Calculation of Amount Due from (to) FDIC FDIC % TITLE Module 1 – Whole Bank w/ Loss Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 FDIC % Share x 0 % x 80 % 7. Amount Due from (to) FDIC 0 + 0 + = — Preparer name: Preparer signature Preparer title: Officer name: Officer signature Officer title: Date: CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1– P&A 00 Xxxxxxxxx Xxxx Xxxxxxx 0.00 Xxxxxxx, XX November 17, 2009 Exhibit 2a This exhibit contains three versions of the loss share calculation for foreclosure, plus explanatory notes. Exhibit 2a(1) CALCULATION OF FORECLOSURE LOSS Foreclosure Occurred Prior to Loss Share Agreement 1 Shared-Loss Period EndedMonth May-09 2 Loan no: (Dollars) Calculation 364574 3 REO # 621 4 Foreclosure date 12/18/08 5 Liquidation date 4/12/09 6 Note Interest rate 8.100 % 7 Most recent BPO 228,000 8 Most recent BPO date 1/21/09 Foreclosure Loss calculation 9 Book value at date of Amount Due Loss Share agreement 244,900 Accrued interest, limited to 90 days or days from (to) FDIC FDIC % failure 10 to sale, whichever is less 3,306 11 Costs incurred after Loss Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 3. Cumulative loss from commercial and other pool 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 6. Cumulative loss at end of period 0 0 0 FDIC % Share x 0 % x 80 %agreement in place:

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Umpqua Holdings Corp)

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Monthly Certificate SEE FOLLOWING PAGE 80 CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 90 91 92 Exhibit 2.1(c) 1 Shared-Loss Period Ended: Month 2 Loan ID 4 Property type 5 Lien 7 Documentation 8 Original FICO 9 Original LTV 10 Original combined LTV 11 Original front-end DTI 12 Original back-end DTI 13 Negative Amortization cap 14 Property city 15 Property state 16 Property street address 17 Property zip 18 Maturity date 19 MI Coverage 20 Occupancy 21 Interest rate type 22 Product Type 23 Loan amortization type 24 Lookback 25 Margin 26 Interest rate index 27 Interest rate cap 28 Interest rate floor 29 First interest cap 30 Periodic interest cap 31 Periodic interest floor 32 Pay Cap 33 UPB 34 Interest rate 35 Paid-to date 36 Next payment due date 37 Scheduled payment 38 Escrow payment 95 39 Escrow balance 40 Next interest rate reset date 41 Next payment reset date 42 Rate reset period 43 Payment reset period 44 Payment History 45 Exceptional Loan Status 46 Valuation date 47 Valuation amount 48 Valuation type 49 Household income 50 Current FICO 51 Maximum Draw Amount 52 Draw period 53 Superior Lien Balance Notes to Exhibits 2a (Dollars) Calculation of Amount Due from (to) FDIC FDIC % Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 FDIC % Share x 0 % x 80 % 7. Amount Due from (to) FDIC 0 + 0 + = — Preparer name: Preparer signature Preparer title: Officer name: Officer signature Officer title: Date: CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 Shared-Loss Period Ended: (Dollars) Calculation of Amount Due from (to) FDIC FDIC % Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 3. Cumulative loss from commercial and other pool 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 6. Cumulative loss at end of period 0 0 0 FDIC % Share x 0 % x 80 %restructuring)

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Simmons First National Corp)

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Exhibit 1 Monthly Certificate SEE FOLLOWING PAGE 80 CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC Module 1 – Whole Bank w/ Loss Share – P&A Unity National Bank Version 2.01 Cartersville, Georgia February 24, 2010 83 PART 1 - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATEDCURRENT MONTH NET LOSS MONTH ENDED: Jan 1, 2009 [input report month] Losses Loan No. Loss Type Loss Amount TOTAL XX A Recoveries Loan No. Recovery Amount Loss Amount Loss Month TOTAL XX B Net Losses (Recoveries) XX C = A - B PART 2 - FIRST LOSS TEST Col. D Col. E Col. D -Col. E Cumulative Loss Amount First Loss Tranche Cumulative Shared-Loss Period Ended: Amount Balance, beginning of month XX XX XX F Current month Net Losses (Dollarsfrom Part 1) Calculation XX Balance, end of month XX XX XX G Shared Loss Amount Due XX G - F Times Loss Share percentage 80 % Amount due from (to) FDIC FDIC % as Receiver XX Module 1 – Whole Bank w/ Loss Share 0% 80% Total Carry forward from other types – P&A Unity National Bank Version 2.01 Cartersville, Georgia February 24, 2010 84 Pursuant to Section 2.1 of assets: 2. Cumulative losses from securities 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 FDIC % Share x 0 % x 80 % 7. Amount Due from (to) FDIC 0 + 0 + = — Preparer name: Preparer signature Preparer title: Officer name: Officer signature Officer title: Date: CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 the Single Family Shared-Loss Period EndedAgreement, the undersigned hereby certifies the information on this Certificate is true, complete and correct. OFFICER SIGNATURE OFFICER NAME: TITLE Module 1 – Whole Bank w/ Loss Share – P&A Unity National Bank Version 2.01 Cartersville, Georgia February 24, 2010 85 Exhibit 2a This exhibit contains three versions of the loss share calculation for foreclosure, plus explanatory notes. Exhibit 2a(1) CALCULATION OF FORECLOSURE LOSS Foreclosure Occurred Prior to Loss Share Agreement 1 Shared-Loss Month May-09 2 Loan no: 364574 3 REO # 621 4 Foreclosure date 12/18/08 5 Liquidation date 4/12/09 6 Note Interest rate 8.100 % 7 Most recent BPO 228,000 8 Most recent BPO date 1/21/09 Foreclosure Loss calculation 9 Book value at date of Loss Share agreement 244,900 10 Accrued interest, limited to 90 days or days from failure to sale, whichever is less 3,306 11 Costs incurred after Loss Share agreement in place: 12 Attorney’s fees 0 13 Foreclosure costs, including title search, filing fees, advertising, etc. 0 14 Property protection costs, maint. and repairs 6,500 15 Tax and insurance advances 0 Other Advances 16 Appraisal/Broker’s Price Opinion fees 0 17 Inspections 0 18 Other 0 19 Gross balance recoverable by Purchaser 254,706 Cash Recoveries: 20 Net liquidation proceeds (Dollarsfrom HUD-1 settl stmt) Calculation 219,400 21 Hazard Insurance proceeds 0 22 Mortgage Insurance proceeds 0 23 T & I escrow account balances, if positive 0 24 Other credits, if any (itemize) 0 25 Total Cash Recovery 219,400 26 Loss Amount 35,306 Module 1 – Whole Bank w/ Loss Share – P&A Unity National Bank Version 2.01 Cartersville, Georgia February 24, 2010 86 Exhibit 2a(2) CALCULATION OF FORECLOSURE LOSS No Preceeding Loan Mod under Loss Share 1 Shared-Loss Month May-09 2 Loan no: 292334 3 REO # 477 4 Interest paid-to-date 4/30/08 5 Foreclosure date 1/15/09 6 Liquidation date 4/12/09 7 Note Interest rate 8.000 % 8 Owner occupied? Yes 9 If owner-occupied: 10 Borrower current gross annual income 42,000 11 Estimated NPV of loan mod 195,000 12 Most recent BPO 235,000 13 Most recent BPO date 1/21/09 Foreclosure Loss calculation 16 Loan Principal balance after last paid installment 300,000 17 Accrued interest, limited to 90 days 6,000 18 Attorney’s fees 0 19 Foreclosure costs, including title search, filing fees, advertising, etc. 4,000 20 Property protection costs, maint. and repairs 5,500 21 Tax and insurance advances 1,500 Other Advances 22 Appraisal/Broker’s Price Opinion fees 0 23 Inspections 50 24 Other 0 25 Gross balance recoverable by Purchaser 317,050 Cash Recoveries: 26 Net liquidation proceeds (from HUD-1 settl stmt) 205,000 27 Hazard Insurance proceeds 0 28 Mortgage Insurance proceeds 0 29 T & I escrow account balances, if positive 0 30 Other credits, if any (itemize) 0 31 Total Cash Recovery 205,000 32 Loss Amount Due from (112,050 Module 1 – Whole Bank w/ Loss Share – P&A Unity National Bank Version 2.01 Cartersville, Georgia February 24, 2010 87 Exhibit 2a(3) CALCULATION OF FORECLOSURE LOSS Foreclosure after a Covered Loan Mod 1 Shared-Loss Month May-09 2 Loan no: 138554 3 REO # 843 4 Loan mod date 1/17/08 5 Interest paid-to) FDIC FDIC -date 4/30/08 6 Foreclosure date 1/15/09 7 Liquidation date 4/12/09 8 Note Interest rate 4.000 % Share 0% 80% Total Carry forward from other types 9 Most recent BPO 210,000 10 Most recent BPO date 1/20/09 Foreclosure Loss calculation 11 NPV of assetsprojected cash flows at loan mod 285,000 12 Less: 2. Cumulative losses from securities 0 0 0 3. Cumulative loss from commercial Principal payments between loan mod and other pool 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 6. Cumulative loss at end of period 0 0 0 FDIC % Share x 0 % x 80 %deliquency 2,500 13 Plus:

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Bank of the Ozarks Inc)

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Monthly Certificate SEE FOLLOWING PAGE 80 CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 84 Pursuant to Section 2.1 of the Single Family Shared-Loss Period EndedAgreement, the undersigned hereby certifies the information on this Certificate is true, complete and correct. OFFICER SIGNATURE OFFICER NAME: (DollarsTITLE Exhibit 2a This exhibit contains three versions of the loss share calculation for foreclosure, plus explanatory notes. Exhibit 2a(1) Calculation of Amount Due from (to) FDIC FDIC % CALCULATION OF FORECLOSURE LOSS Foreclosure Occurred Prior to Loss Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 FDIC % Share x 0 % x 80 % 7. Amount Due from (to) FDIC 0 + 0 + = — Preparer name: Preparer signature Preparer title: Officer name: Officer signature Officer title: Date: CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 Agreement 1 Shared-Loss Period EndedMonth May-09 2 Loan no: 364574 3 REO # 621 4 Foreclosure date 12/18/08 5 Liquidation date 4/12/09 6 Note Interest rate 8.100 % 7 Most recent BPO 228,000 8 Most recent BPO date 1/21/09 Foreclosure Loss calculation 9 Book value at date of Loss Share agreement 244,900 10 Accrued interest, limited to 90 days or days from failure to sale, whichever is less 3,306 11 Costs incurred after Loss Share agreement in place: 12 Attorney’s fees 0 13 Foreclosure costs, including title search, filing fees, advertising, etc. 0 14 Property protection costs, maint. and repairs 6,500 15 Tax and insurance advances 0 Other Advances 16 Appraisal/Broker’s Price Opinion fees 0 17 Inspections 0 18 Other 0 19 Gross balance recoverable by Purchaser 254,706 Cash Recoveries: 20 Net liquidation proceeds (Dollarsfrom HUD-1 settl stmt) Calculation 219,400 21 Hazard Insurance proceeds 0 22 Mortgage Insurance proceeds 0 23 T & I escrow account balances, if positive 0 24 Other credits, if any (itemize) 0 25 Total Cash Recovery 219,400 26 Loss Amount 35,306 Exhibit 2a(2) CALCULATION OF FORECLOSURE LOSS No Preceeding Loan Mod under Loss Share 1 Shared-Loss Month May-09 2 Loan no: 292334 3 REO # 477 4 Interest paid-to-date 4/30/08 5 Foreclosure date 1/15/09 6 Liquidation date 4/12/09 7 Note Interest rate 8.000 % 8 Owner occupied? Yes 9 If owner-occupied: 10 Borrower current gross annual income 42,000 11 Estimated NPV of loan mod 195,000 12 Most recent BPO 235,000 13 Most recent BPO date 1/21/09 Foreclosure Loss calculation 16 Loan Principal balance after last paid installment 300,000 17 Accrued interest, limited to 90 days 6,000 18 Attorney’s fees 0 19 Foreclosure costs, including title search, filing fees, advertising, etc. 4,000 20 Property protection costs, maint. and repairs 5,500 21 Tax and insurance advances 1,500 Other Advances 22 Appraisal/Broker’s Price Opinion fees 0 23 Inspections 50 24 Other 0 25 Gross balance recoverable by Purchaser 317,050 Cash Recoveries: 26 Net liquidation proceeds (from HUD-1 settl stmt) 205,000 27 Hazard Insurance proceeds 0 28 Mortgage Insurance proceeds 0 29 T & I escrow account balances, if positive 0 30 Other credits, if any (itemize) 0 31 Total Cash Recovery 205,000 32 Loss Amount Due from (112,050 Exhibit 2a(3) CALCULATION OF FORECLOSURE LOSS Foreclosure after a Covered Loan Mod 1 Shared-Loss Month May-09 2 Loan no: 138554 3 REO # 843 4 Loan mod date 1/17/08 5 Interest paid-to) FDIC FDIC -date 4/30/08 6 Foreclosure date 1/15/09 7 Liquidation date 4/12/09 8 Note Interest rate 4.000 % Share 0% 80% Total Carry forward from other types 9 Most recent BPO 210,000 10 Most recent BPO date 1/20/09 Foreclosure Loss calculation 11 NPV of assetsprojected cash flows at loan mod 285,000 12 Less: 2. Cumulative losses from securities 0 0 0 3. Cumulative loss from commercial Principal payments between loan mod and other pool 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 6. Cumulative loss at end of period 0 0 0 FDIC % Share x 0 % x 80 %deliquency 2,500 13 Plus:

Appears in 1 contract

Samples: Purchase and Assumption Agreement (City National Corp)

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Exhibit 1 Monthly Certificate SEE FOLLOWING PAGE 80 CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 83 84 85 Exhibit 2.1(c) 1 Shared-Loss Period Ended: Month 2 Loan ID 4 Property type 5 Lien 7 Documentation 8 Original FICO 9 Original LTV 10 Original combined LTV 11 Original front-end DTI 12 Original back-end DTI 13 Negative Amortization cap 14 Property city 15 Property state 16 Property street address 17 Property zip 18 Maturity date 19 MI Coverage 20 Occupancy 21 Interest rate type 22 Product Type 23 Loan amortization type 24 Lookback 25 Margin 26 Interest rate index 27 Interest rate cap 28 Interest rate floor 29 First interest cap 30 Periodic interest cap 31 Periodic interest floor 32 Pay Cap 33 UPB 34 Interest rate 35 Paid-to date 36 Next payment due date 37 Scheduled payment 38 Escrow payment 39 Escrow balance 40 Next interest rate reset date 41 Next payment reset date 42 Rate reset period 43 Payment reset period 44 Payment History 45 Exceptional Loan Status 46 Valuation date 47 Valuation amount 48 Valuation type 49 Household income 50 Current FICO 51 Maximum Draw Amount 52 Draw period 53 Superior Lien Balance Notes to Exhibits 2a (Dollars) Calculation of Amount Due from (to) FDIC FDIC % Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 FDIC % Share x 0 % x 80 % 7. Amount Due from (to) FDIC 0 + 0 + = — Preparer name: Preparer signature Preparer title: Officer name: Officer signature Officer title: Date: CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 Shared-Loss Period Ended: (Dollars) Calculation of Amount Due from (to) FDIC FDIC % Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 3. Cumulative loss from commercial and other pool 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 6. Cumulative loss at end of period 0 0 0 FDIC % Share x 0 % x 80 %restructuring)

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Umpqua Holdings Corp)

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