Common use of Mortgage Banking Business Clause in Contracts

Mortgage Banking Business. (a) The Corporation and each Subsidiary has complied with, and all documentation in connection with the origination, processing, underwriting and credit approval of any mortgage loan originated, purchased or serviced by the Corporation or any Subsidiary has satisfied, (i) all applicable federal, state and local laws, rules and regulations with respect to the origination, insuring, purchase, sale, pooling, servicing, subservicing or filing of claims in connection with mortgage loans, including all laws relating to real estate settlement procedures, consumer credit protection, truth in lending laws, usury limitations, fair housing, transfers of servicing, collection practices, equal credit opportunity and adjustable rate mortgages, (ii) the responsibilities and obligations relating to mortgage loans set forth in any agreement between the Corporation or any Subsidiary and any Agency, Loan Investor or Insurer, (iii) the applicable rules, regulations, guidelines, handbooks and other requirements of any Agency, Loan Investor or Insurer and (iv) the terms and provisions of any mortgage or other collateral documents and other loan documents with respect to each mortgage loan. (b) Except as set forth on the Mortgage Banking Schedule, no Agency, Loan Investor or Insurer has (i) claimed in writing that the Corporation or any Subsidiary has violated or has not complied with the applicable underwriting standards with respect to mortgage loans sold by the Corporation or any Subsidiary to a Loan Investor or Agency, or with respect to any sale of mortgage servicing rights to a Loan Investor, (ii) imposed in writing restrictions on the activities (including commitment authority) of the Corporation or any Subsidiary or (iii) indicated in writing to the Corporation or any Subsidiary that it has terminated or intends to terminate its relationship with the Corporation or any Subsidiary for poor performance, poor loan quality or concern with respect to the Corporation’s or any Subsidiary’s compliance with laws. For purposes of this Section 6.29: “Agency” shall mean the Federal Housing Administration, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the Government National Mortgage Association, or any other federal or state agency with authority to (x) determine any investment, origination, lending or servicing requirements with regard to mortgage loans originated, purchased or serviced by the Corporation or any Subsidiary or (y) originate, purchase, or service mortgage loans, or otherwise promote mortgage lending, including state and local housing finance authorities; “Loan Investor” shall mean any Person (including an Agency) having a beneficial interest in any mortgage loan originated, purchased or serviced by the Corporation or any Subsidiary or a security backed by or representing an interest in any such mortgage loan; and “Insurer” means a person who insures or guarantees for the benefit of the mortgagee all or any portion of the risk of loss upon borrower default on any of the mortgage loans originated, purchased or serviced by the Corporation or any Subsidiary, including the Federal Housing Administration, the United States Department of Veterans’ Affairs, the Rural Housing Service of the U.S. Department of Agriculture and any private mortgage insurer, and providers of hazard, title or other insurance with respect to such mortgage loans or the related collateral.

Mortgage Banking Business. Except as has not had and would not reasonably be expected to have a Material Adverse Effect: (a1) The Corporation Company and each Subsidiary has complied with, and all documentation in connection with the origination, processing, underwriting and credit approval of any mortgage loan originated, purchased or serviced by the Corporation Company or any Subsidiary has satisfied, (iA) all applicable federal, state and local laws, rules and regulations with respect to the origination, insuring, purchase, sale, pooling, servicing, subservicing subservicing, or filing of claims in connection with mortgage loans, including all laws relating to real estate settlement procedures, consumer credit protection, truth in lending laws, usury limitations, fair housing, transfers of servicing, collection practices, equal credit opportunity and adjustable rate mortgages, (iiB) the responsibilities and obligations relating to mortgage loans set forth in any agreement between the Corporation Company or any Subsidiary and any Agency, Loan Investor or Insurer, (iiiC) the applicable rules, regulations, guidelines, handbooks and other requirements of any Agency, Loan Investor or Insurer and (ivD) the terms and provisions of any mortgage or other collateral documents and other loan documents with respect to each mortgage loan.; and (b2) Except as set forth on the Mortgage Banking Schedule, no No Agency, Loan Investor investor or Insurer has (iA) claimed in writing that the Corporation Company or any Subsidiary has violated or has not complied with the applicable underwriting standards with respect to mortgage loans sold by the Corporation Company or any Subsidiary to a Loan Investor or Agency, or with respect to any sale of mortgage servicing rights to a Loan Investor, (iiB) imposed in writing restrictions on the activities (including commitment authority) of the Corporation Company or any Subsidiary or (iiiB) indicated in writing to the Corporation Company or any Subsidiary that it has terminated or intends to terminate its relationship with the Corporation Company or any Subsidiary for poor performance, poor loan quality or concern with respect to the CorporationCompany’s or any Subsidiary’s compliance with laws. . (3) For purposes of this Section 6.29: “Agency” shall mean the Federal Housing Administration, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the Government National Mortgage Association, or any other federal or state agency with authority to (x) determine any investment, origination, lending or servicing requirements with regard to mortgage loans originated, purchased or serviced by the Corporation or any Subsidiary or (y) originate, purchase, or service mortgage loans, or otherwise promote mortgage lending, including state and local housing finance authorities; “Loan Investor” shall mean any Person (including an Agency) having a beneficial interest in any mortgage loan originated, purchased or serviced by the Corporation or any Subsidiary or a security backed by or representing an interest in any such mortgage loan; and “Insurer” means a person who insures or guarantees for the benefit of the mortgagee all or any portion of the risk of loss upon borrower default on any of the mortgage loans originated, purchased or serviced by the Corporation or any Subsidiary, including the Federal Housing Administration, the United States Department of Veterans’ Affairs, the Rural Housing Service of the U.S. Department of Agriculture and any private mortgage insurer, and providers of hazard, title or other insurance with respect to such mortgage loans or the related collateral.4.39:

Mortgage Banking Business. Except as has not had and would not reasonably be expected to have a Material Adverse Effect: (ai) The Corporation Company and each Subsidiary of its subsidiaries has complied with, and all documentation in connection with the origination, processing, underwriting and credit approval of any mortgage loan originated, purchased or serviced by the Corporation Company or any Subsidiary has subsidiary satisfied, (iA) all applicable federal, state and local laws, rules and regulations with respect to the origination, insuring, purchase, sale, pooling, servicing, subservicing subservicing, or filing of claims in connection with mortgage loans, including all laws relating to real estate settlement procedures, consumer credit protection, truth in lending laws, usury limitations, fair housing, transfers of servicing, collection practices, equal credit opportunity and adjustable rate mortgages, (iiB) the responsibilities and obligations relating to mortgage loans set forth in any agreement between the Corporation Company or any Subsidiary subsidiary and any Agency, Loan Investor or Insurer, (iiiC) the applicable rules, regulations, guidelines, handbooks and other requirements of any Agency, Loan Investor or Insurer and (ivD) the terms and provisions of any mortgage or other collateral documents and other loan documents with respect to each mortgage loan.; and (bii) Except as set forth on the Mortgage Banking Schedule, no No Agency, Loan Investor investor or Insurer has (iA) claimed in writing that the Corporation Company or any Subsidiary subsidiary has violated or has not complied with the applicable underwriting standards with respect to mortgage loans sold by the Corporation Company or any Subsidiary subsidiary to a Loan Investor or Agency, or with respect to any sale of mortgage servicing rights to a Loan Investor, (iiB) imposed in writing restrictions on the activities (including commitment authority) of the Corporation Company or any Subsidiary subsidiary or (iiiC) indicated in writing to the Corporation Company or any Subsidiary subsidiary that it has terminated or intends to terminate its relationship with the Corporation Company or any Subsidiary subsidiary for poor performance, poor loan quality or concern with respect to the CorporationCompany’s or any Subsidiarysubsidiary’s compliance with laws. . (iii) For purposes of this Section 6.29: “Agency” shall mean the Federal Housing Administration, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the Government National Mortgage Association, or any other federal or state agency with authority to (x) determine any investment, origination, lending or servicing requirements with regard to mortgage loans originated, purchased or serviced by the Corporation or any Subsidiary or (y) originate, purchase, or service mortgage loans, or otherwise promote mortgage lending, including state and local housing finance authorities; “Loan Investor” shall mean any Person (including an Agency) having a beneficial interest in any mortgage loan originated, purchased or serviced by the Corporation or any Subsidiary or a security backed by or representing an interest in any such mortgage loan; and “Insurer” means a person who insures or guarantees for the benefit of the mortgagee all or any portion of the risk of loss upon borrower default on any of the mortgage loans originated, purchased or serviced by the Corporation or any Subsidiary, including the Federal Housing Administration, the United States Department of Veterans’ Affairs, the Rural Housing Service of the U.S. Department of Agriculture and any private mortgage insurer, and providers of hazard, title or other insurance with respect to such mortgage loans or the related collateral.Section:

Mortgage Banking Business. Except as has not had and would not reasonably be expected to have an AFI Material Adverse Effect: (a) The Corporation and each Subsidiary Each AFI Entity has complied with, and all documentation in connection with the origination, processing, underwriting and underwriting, credit approval and, if applicable, foreclosure of any mortgage loan originated, purchased or serviced by the Corporation or any Subsidiary has AFI Entity satisfied, (i) all applicable federal, state and local laws, rules and regulations with respect to the origination, insuring, purchase, sale, pooling, servicing, subservicing subservicing, foreclosure or filing of claims in connection with mortgage loans, including all laws Laws relating to real estate settlement procedures, consumer credit protection, truth in lending lawsLaws, usury limitations, fair housing, transfers of servicing, collection practices, equal credit opportunity and adjustable rate mortgages, (ii) the responsibilities and obligations relating to mortgage loans set forth in any agreement between the Corporation or any Subsidiary AFI Entity and any Agency, Loan Investor or Insurer, (iii) the applicable rules, regulations, guidelines, handbooks and other requirements of any Agency, Loan Investor or Insurer and (iv) the terms and provisions of any mortgage or other collateral documents and other loan documents with respect to each mortgage loan.; and (b) Except as set forth on the Mortgage Banking Schedule, no No Agency, Loan Investor or Insurer has (i) claimed in writing that the Corporation or any Subsidiary AFI Entity has violated or has not complied with the applicable underwriting standards with respect to mortgage loans sold by the Corporation or any Subsidiary AFI Entity to a Loan Investor or Agency, or with respect to any sale of mortgage servicing rights to a Loan Investor, (ii) imposed in writing restrictions on the activities (including commitment authority) of the Corporation or any Subsidiary AFI Entity or (iii) indicated in writing to the Corporation or any Subsidiary AFI Entity that it has terminated or intends to terminate its relationship with the Corporation or any Subsidiary AFI Entity for poor performance, poor loan quality or concern with respect to the Corporation’s or any SubsidiaryAFI Entity’s compliance with laws. For purposes of this Section 6.29: “Agency” shall mean the Federal Housing Administration, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the Government National Mortgage Association, or any other federal or state agency with authority to (x) determine any investment, origination, lending or servicing requirements with regard to mortgage loans originated, purchased or serviced by the Corporation or any Subsidiary or (y) originate, purchase, or service mortgage loans, or otherwise promote mortgage lending, including state and local housing finance authorities; “Loan Investor” shall mean any Person (including an Agency) having a beneficial interest in any mortgage loan originated, purchased or serviced by the Corporation or any Subsidiary or a security backed by or representing an interest in any such mortgage loan; and “Insurer” means a person who insures or guarantees for the benefit of the mortgagee all or any portion of the risk of loss upon borrower default on any of the mortgage loans originated, purchased or serviced by the Corporation or any Subsidiary, including the Federal Housing Administration, the United States Department of Veterans’ Affairs, the Rural Housing Service of the U.S. Department of Agriculture and any private mortgage insurer, and providers of hazard, title or other insurance with respect to such mortgage loans or the related collateralLaws.