Mortgage Servicing Agreements. 30 4.24 Compliance..................................................... 31 4.25
Mortgage Servicing Agreements. Section 4.25 of the Disclosure Schedule contains a list of all Mortgage Servicing Agreements to which the Company or any of its Subsidiaries is a party as of the date hereof under which the Company or any of its Subsidiaries services more than $1,000,000.00 of Mortgage Loans. Section 4.25 of the Disclosure Schedule contains true and complete summaries of the material terms of all oral Mortgage Servicing Agreements to which the Company or any of its Subsidiaries is a party. The Mortgage Servicing Agreements and the Regulations set forth all the terms and conditions of the Company's and any of the Company's Subsidiaries' rights against and obligations to the Agencies and Investors and, except as set forth in Section 4.25 of the Disclosure Schedule, there are no written or oral agreements that modify or amend any such Mortgage Servicing Agreement in any material respect. All of the Mortgage Servicing Agreements are valid and binding obligations of the Company or the applicable Company Subsidiary and, to the best knowledge of the Company, all of the other parties thereto, are in full force and effect, and are enforceable in accordance with their terms, except as enforcement thereof may be limited by general principles of equity whether applied in a court of law or a court of equity and by bankruptcy, insolvency and similar laws affecting creditors' rights and remedies generally. Except as set forth in Section 4.25 of the Disclosure Schedule, there is no material default or breach under, or dispute regarding the material terms of, or to the best knowledge of the Company, claim of material default or breach by any party under any such Mortgage Servicing Agreement, and, to the best knowledge of the Company, no event has occurred which with the passage of time or the giving of notice or both would constitute a material default or breach by any party under any such Mortgage Servicing Agreement or would permit termination, modification or acceleration of any such Mortgage Servicing Agreement. To the Company's knowledge, no dispute exists with any Investor regarding the nature of their relationship with the Company and its Subsidiaries, the amount of remittances between the parties or any other material tern of their agreement. There is no pending or, to the best knowledge of the Company or any of its Subsidiaries that is a party thereto, threatened, cancellation of any Mortgage Servicing Agreement, and neither the Company nor any of its Subsidiaries has received any...
Mortgage Servicing Agreements. The Bank has previously provided HMN copies of all mortgage servicing agreements to which Bank is a party (the "Mortgage Servicing Agreements"). The Mortgage Servicing Agreements set forth all applicable terms and conditions and have not been modified in any material respect. As of the date of this Agreement, there is no pending or, to the knowledge of the Bank, threatened cancellation of any Mortgage Servicing Agreement. No material sanctions or penalties have been imposed upon the Bank under any Mortgage Servicing Agreement or under any applicable regulation relating thereto.
Mortgage Servicing Agreements. Schedule 6.22(a)(i) sets forth a true and complete list of all Mortgage Servicing Agreements in effect as of the date hereof. Each Mortgage Servicing Agreement is Enforceable. Seller has serviced all Loans, or caused through the use of a servicer such Loans to be serviced or subserviced, in accordance with all Applicable Requirements, documents evidencing loans made pursuant to Seller Warehouse Facilities and correspondent agreements. Seller has not received any written or, to Seller’s Knowledge, oral notice of default by other parties under any Mortgage Servicing Agreement. No material default of Seller exists under any Mortgage Servicing Agreement, including any default arising with notice or lapse of time, or both. Except as set forth on Schedule 6.22(a)(ii), each Mortgage Servicing Agreement between Seller, on the one hand, and any other Person as servicer, on the other hand, provides Seller with an indemnity by such other Person for any Losses that Seller may suffer or incur under a correspondent agreement with respect to the servicing or sub-servicing of the Mortgage Loan covered by such Mortgage Servicing Agreement.
Mortgage Servicing Agreements. Schedule 4.27 hereto lists all agreements under which NetBank or any NetBank Subsidiary services loans on behalf of third parties, or under which any third party services NetBank Loans (the "NetBank Mortgage Servicing Agreements"), as of the date of this Agreement. Except as set forth in Schedule 4.27, the NetBank Mortgage Servicing Agreements set forth all the terms and conditions of NetBank's or NetBank Subsidiary's (as applicable) rights against and obligations to the Agencies and Investors and they have not been modified in writing to any extent or otherwise in any material respect. All of the NetBank Mortgage Servicing Agreements are valid and binding obligations of NetBank or a NetBank Subsidiary and, to the Knowledge of NetBank, all of the other parties thereto and are in full force and effect and are enforceable in accordance with their terms, except as enforcement thereof may be limited by bankruptcy, insolvency or other similar laws affecting the enforcement of creditors' rights generally and by general principles of equity (whether applied in a proceeding in equity or at law). Except as set forth in Schedule 4.27 hereto, (i) to the Knowledge of NetBank there is no Default by any party under any such NetBank Mortgage Servicing Agreement, (ii) there is no pending or, to the Knowledge of NetBank, threatened cancellation of any NetBank Mortgage Servicing Agreement, (iii) no material sanctions or penalties have been imposed upon NetBank under any Mortgage Servicing Agreement or under any applicable Regulation, and (iv) all of the NetBank Mortgage Servicing Agreements and the rights created thereunder are owned by NetBank free and clear of any Liens other than Liens in favor of NetBank's or such Subsidiary's lender banks pursuant to financing arrangements, and upon the consummation of the Merger, will continue to be so owned by NetBank except upon termination by an Investor or Agency pursuant to Contract right.
Mortgage Servicing Agreements. Exhibit 3.24 hereto lists all ------------ Mortgage Servicing Agreements to which the Company is a party as of the date of this Agreement. Except as set forth in Exhibit 3.24, the Mortgage Servicing ------------ Agreements set forth all the terms and conditions of the Company's rights against and obligations to the Agencies and Investors and they have not been modified in writing to any extent or otherwise in any material respect. All of the Mortgage Servicing Agreements are valid and binding obligations of the Company and, to the Knowledge of the Company, all of the other parties thereto and are in full force and effect and are enforceable in accordance with their terms, except as enforcement thereof may be limited by bankruptcy, insolvency or other similar laws affecting the enforcement of creditors' rights generally and by general principles of equity (whether applied in a proceeding in equity or at law). Except as set forth in Exhibit 3.24 hereto, (i) to the Knowledge of the ------------ Company there is no Default by any party under any such Mortgage Servicing Agreement, (ii) there is no pending or, to the Knowledge of the Company, threatened cancellation of any Mortgage Servicing Agreement, (iii) no material sanctions or penalties have been imposed upon the Company under any Mortgage Servicing Agreement or under any applicable Regulation, and (iv) all of the Mortgage Servicing Agreements and the rights created thereunder are owned by the Company free and clear of any Liens, and upon the consummation of the Acquisition, will continue to be so owned by the Company except upon termination by an Investor or Agency pursuant to Contract right.
Mortgage Servicing Agreements. Section 3.29 of the Company Disclosure Letter contains a list of the investors and all Mortgage Servicing Agreements to which the Company or any of its Subsidiaries is a party as of the date hereof. The Mortgage Servicing Agreements and the Regulations set forth all the terms and conditions of the Company and any of its Subsidiaries' rights against and obligations to the Agencies and Investors and, except as set forth in Section 3.29 of the Company Disclosure Letter, there are no written or oral agreements that modify or amend any such Mortgage Servicing Agreement in any material respect. All of the Mortgage Servicing Agreements are valid and binding obligations of the Company or the applicable Subsidiary of the Company and, to the knowledge of the Company, all of the other parties thereto, are in full force and effect, and are enforceable in accordance with their terms, except as enforcement thereof may be limited by general principles of equity whether applied in a court of law or a court of equity and by bankruptcy, insolvency and similar laws affecting creditors, rights and remedies generally. Except as set forth in Section 3.29 of the Company Disclosure Letter, there is no default or breach under, or dispute regarding the material terms of, or to the knowledge of the Company, claim of default or breach by any party under any such Mortgage Servicing Agreement, and, to the knowledge of the Company, no event has occurred which with the passage of time or the giving of notice or both would constitute a default or breach by any party under any such Mortgage Servicing Agreement or would permit termination, modification or acceleration of any such Mortgage Servicing Agreement.
Mortgage Servicing Agreements. All of the Mortgage Servicing Agreements are valid and binding obligations of the Company, its Subsidiaries, Target Company or Target Subsidiaries and the other parties thereto and are in full force and effect and are enforceable in accordance with their terms, except as enforcement thereof may be limited by bankruptcy, insolvency or other similar laws affecting the enforcement of creditors' rights generally and by general principles of equity (whether applied in a proceeding in equity or at law).
Mortgage Servicing Agreements. Set forth in Section 4.23 of the Schedule is an accurate and complete list dated November 30, 1996, setting forth each Mortgage Servicing Agreement in effect as of such date. Shareholders have previously made and delivered to Buyer true and complete copies of all Mortgage Servicing Agreements. The Mortgage Servicing Agreements and the Regulations set forth all the terms and conditions of CoreWest's rights against and obligations to the Agencies and Investors and they have not been modified, orally or in writing, since the date of delivery. All Mortgage Servicing Agreements are valid and binding obligations of the parties thereto, in full force and effect and enforceable in accordance with their terms, except as enforcement thereof may be limited by bankruptcy, insolvency or other similar laws affecting the enforcement of creditors' rights generally and by general principles of equity (whether applied in a proceeding in equity or at law). To CoreWest's knowledge, there is no default or claim of default by any party to such Mortgage Servicing Agreements, and no event has occurred which with the passage of time or the giving of notice or both would constitute a default by any party under any such Mortgage Servicing Agreement or would result in any such Mortgage Servicing Agreement being terminable by any party thereto. There is no pending or, to the best knowledge of Seller, threatened cancellation of any Mortgage Servicing Agreement, and no sanctions or penalties have been imposed upon CoreWest under any Mortgage Servicing Agreement or under applicable rules, regulations, guidelines, policies and handbooks of any other party to such Mortgage Servicing Agreements. CoreWest shall retain all Mortgage Servicing Agreements at Closing Date.
Mortgage Servicing Agreements. The Company has previously made available to Buyer true and complete copies of all Mortgage Servicing Agreements set forth on Schedule V hereto. The Mortgage Servicing Agreements and the Regulations set forth all the terms and conditions of the Company's or LMP's rights against and obligations to the Agencies and Investors with respect to the Mortgage Loans, and there are no written or oral agreements that modify or amend any such Mortgage Servicing Agreement in any material respect. All of the Mortgage Servicing Agreements are valid and binding obligations of the Company or LMP and all of the other parties thereto, are in full force and effect, and are enforceable in accordance with their terms, except as enforcement thereof may be limited by general principles of equity whether applied in a court of law or a court of equity and by bankruptcy, insolvency and similar laws affecting creditors' rights and remedies generally. Except as set forth in Section 3.14 of the Company Schedule, there is no default or breach under, or dispute
