Common use of Mortgage Banking Business Clause in Contracts

Mortgage Banking Business. A. (i) Citizens Bank has complied in all material respects with, and (ii) all documentation in connection with the origination, processing, underwriting and credit approval of any mortgage loan originated, purchased or serviced by Citizens Bank satisfied in all material respects, (a) 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, (b) the responsibilities and obligations relating to mortgage loans set forth in any agreement between Citizens Bank and any Agency, Loan Investor or Insurer (as such terms are defined below), (c) the applicable rules, regulations, guidelines, handbooks and other requirements of any Agency, Loan Investor or Insurer and (d) the terms and provisions of any mortgage or other collateral documents and other loan documents with respect to each mortgage loan. B. No Agency, Loan Investor or Insurer has (i) notified Citizens Bank in writing that Citizens Bank has violated or has not complied with the applicable underwriting standards with respect to mortgage loans sold by Citizens Bank 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 Citizens Bank or (iii) notified Citizens Bank in writing that it has terminated or intends to terminate its relationship with Citizens Bank for poor performance, poor loan quality or concern with respect to Citizens Bank’s compliance with laws. C. For purposes of this Section 5.34: (i) “Agency” means the Federal Housing Administration, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the United States Department of Veterans’ Affairs, the Rural Housing Service of the U.S. Department of Agriculture or any other Governmental Authority with authority to (A) determine any investment, origination, lending or servicing requirements with regard to mortgage loans originated, purchased or serviced by Citizens Bank or (B) originate, purchase, or service mortgage loans, or otherwise promote mortgage lending, including state and local housing finance authorities; (ii) “Loan Investor” means any Person (including an Agency) having a beneficial interest in any mortgage loan originated, purchased or serviced by Citizens Bank or a security backed by or representing an interest in any such mortgage loan; and (iii) “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 Citizens Bank, including any Agency or 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. A. (i) Citizens MBL Bank has complied in all material respects with, and (ii) all documentation in connection with the origination, processing, underwriting and credit approval of any mortgage loan originated, purchased or serviced by Citizens MBL Bank satisfied complies in all material respectsrespects with, (a) all applicable federal, state and local laws, rules and regulations Legal Requirements with respect to the origination, insuring, purchase, sale, pooling, servicing, subservicing, or filing of claims in connection with mortgage loans, including all laws Legal Requirements 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, (b) the responsibilities and obligations relating to mortgage loans set forth in any agreement between Citizens MBL Bank and any Agency, Loan Investor or Insurer (as such terms are defined below), (c) the applicable rules, regulations, guidelines, handbooks and other requirements of any Agency, Loan Investor or Insurer and (d) the terms and provisions of any mortgage or other collateral documents and other loan documents with respect to each mortgage loan. B. No Agency, Loan Investor or Insurer has (i) notified Citizens MBL Bank in writing that Citizens MBL Bank has violated or has not complied with the applicable underwriting standards with respect to mortgage loans sold by Citizens MBL Bank 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 Citizens MBL Bank or (iii) notified Citizens MBL Bank in writing that it has terminated or intends to terminate its relationship with Citizens MBL Bank for poor performance, poor loan quality or concern with respect to Citizens MBL Bank’s compliance with laws. C. For purposes of this Section 5.343.34: (i) “Agency” means the Federal Housing Administration, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the United States Department of Veterans’ Affairs, the Rural Housing Service of the U.S. Department of Agriculture or any other Governmental Authority with authority to (A) determine any investment, origination, lending or servicing requirements with regard to mortgage loans originated, purchased or serviced by Citizens MBL Bank or (B) originate, purchase, or service mortgage loans, or otherwise promote mortgage lending, including state and local housing finance authorities; (ii) “Loan Investor” means any Person (including an Agency) having a beneficial interest in any mortgage loan originated, purchased or serviced by Citizens MBL Bank or a security backed by or representing an interest in any such mortgage loan; and (iii) “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 Citizens MBL Bank, including any Agency or 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. A. (ia) Citizens Bank of York has complied in all material respects with, and (ii) all documentation in connection with the origination, processing, underwriting and credit approval of any mortgage loan originated, purchased or serviced by Citizens Bank of York satisfied in all material respects, (ai) 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, (bii) the responsibilities and obligations relating to mortgage loans set forth in any agreement between Citizens Bank of York and any Agency, Loan Investor or Insurer (as such terms are defined below), (ciii) the applicable rules, regulations, guidelines, handbooks and other requirements of any Agency, Loan Investor or Insurer and (div) the terms and provisions of any mortgage or other collateral documents and other loan documents with respect to each mortgage loan. B. (b) No Agency, Loan Investor or Insurer has (i) notified Citizens Bank of York in writing that Citizens Bank of York has violated or has not complied with the applicable underwriting standards with respect to mortgage loans sold by Citizens Bank of York 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 Citizens Bank of York or (iii) notified Citizens Bank of York in writing that it has terminated or intends to terminate its relationship with Citizens Bank of York for poor performance, poor loan quality or concern with respect to Citizens BankBank of York’s compliance with laws. C. (c) For purposes of this Section 5.343.27: (i) “Agency” means the Federal Housing Administration, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the United States Department of Veterans’ Affairs, the Rural Housing Service of the U.S. Department of Agriculture or any other Governmental Authority Body with authority to (A) determine any investment, origination, lending or servicing requirements with regard to mortgage loans originated, purchased or serviced by Citizens Bank of York or (B) originate, purchase, or service mortgage loans, or otherwise promote mortgage lending, including state and local housing finance authorities; (ii) “Loan Investor” means any Person (including an Agency) having a beneficial interest in any mortgage loan originated, purchased or serviced by Citizens Bank of York or a security backed by or representing an interest in any such mortgage loan; and (iii) “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 Citizens BankBank of York, including any Agency or 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. A. (ia) Citizens Bank TLB has complied in all material respects with, and (ii) all documentation in connection with the origination, processing, underwriting and credit approval of any mortgage loan originated, purchased or serviced by Citizens Bank TLB satisfied in all material respects, (ai) 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, (bii) the responsibilities and obligations relating to mortgage loans set forth in any agreement between Citizens Bank TLB and any Agency, Loan Investor or Insurer (as such terms are defined below), (ciii) the applicable rules, regulations, guidelines, handbooks and other requirements of any Agency, Loan Investor or Insurer and (div) the terms and provisions of any mortgage or other collateral documents and other loan documents with respect to each mortgage loan.; and B. (b) No Agency, Loan Investor or Insurer has (i) notified Citizens Bank claimed in writing that Citizens Bank TLB has violated or has not complied with the applicable underwriting standards with respect to mortgage loans sold by Citizens Bank TLB 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 Citizens Bank TLB or (iii) notified Citizens Bank indicated in writing to TLB that it has terminated or intends to terminate its relationship with Citizens Bank TLB for poor performance, poor loan quality or concern with respect to Citizens BankTLB’s compliance with laws. C. (c) For purposes of this Section 5.343.28: (i) “Agency” means the Federal Housing Administration, the Federal Home Loan Mortgage Corporation, the Farmers Home Administration (now known as Rural Housing and Community Development Services), the Federal National Mortgage Association, the United States Department of Veterans’ Affairs, the Rural Housing Service of the U.S. Department of Agriculture or any other Governmental Authority with authority to (A) determine any investment, origination, lending or servicing requirements with regard to mortgage loans originated, purchased or serviced by Citizens Bank TLB or (B) originate, purchase, or service mortgage loans, or otherwise promote mortgage lending, including state and local housing finance authorities; (ii) “Loan Investor” means any Person (including an Agency) having a beneficial interest in any mortgage loan originated, purchased or serviced by Citizens Bank TLB or a security backed by or representing an interest in any such mortgage loan; and (iii) “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 Citizens BankTLB, including any Agency or 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. A. (ia) Citizens Mainland Bank has complied in all material respects with, and (ii) all documentation in connection with the origination, processing, underwriting and credit approval of any mortgage loan originated, purchased or serviced by Citizens Mainland Bank satisfied in all material respects, (ai) 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, (bii) the responsibilities and obligations relating to mortgage loans set forth in any agreement between Citizens Mainland Bank and any Agency, Loan Investor or Insurer (as such terms are defined below), (ciii) the applicable rules, regulations, guidelines, handbooks and other requirements of any Agency, Loan Investor or Insurer and (div) the terms and provisions of any mortgage or other collateral documents and other loan documents with respect to each mortgage loan. B. (b) No Agency, Loan Investor or Insurer has (i) notified Citizens Mainland Bank in writing that Citizens Mainland Bank has violated or has not complied with the applicable underwriting standards with respect to mortgage loans sold by Citizens Mainland Bank 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 Citizens Mainland Bank or (iii) notified Citizens Mainland Bank in writing that it has terminated or intends to terminate its relationship with Citizens Mainland Bank for poor performance, poor loan quality or concern with respect to Citizens Mainland Bank’s compliance with laws. C. (c) For purposes of this Section 5.343.27: (i) “Agency” means the Federal Housing Administration, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the United States Department of Veterans’ Affairs, the Rural Housing Service of the U.S. Department of Agriculture or any other Governmental Authority Body with authority to (A) determine any investment, origination, lending or servicing requirements with regard to mortgage loans originated, purchased or serviced by Citizens Mainland Bank or (B) originate, purchase, or service mortgage loans, or otherwise promote mortgage lending, including state and local housing finance authorities; (ii) “Loan Investor” means any Person (including an Agency) having a beneficial interest in any mortgage loan originated, purchased or serviced by Citizens Mainland Bank or a security backed by or representing an interest in any such mortgage loan; and (iii) “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 Citizens Mainland Bank, including any Agency or and any private mortgage insurer, and providers of hazard, title or other insurance with respect to such mortgage loans or the related collateral.