Common use of Mortgaging of Real Property Collateral Clause in Contracts

Mortgaging of Real Property Collateral. Each Company hereby GRANTS to the Agent a Lien against, and hereby agrees to duly Pledge to the Agent by executing, acknowledging sufficiently for recording and delivering to the Agent or (where appropriate) to a trustee designated by the Agent, a recordable mortgage, deed of trust or security deed (whichever form of real property mortgage instrument is appropriate to the jurisdiction in which the real property is located) — on the standard Xxxxxx Xxx/Xxxxxxx Mac form, modified appropriately for the purpose, or in another form approved by the Agent — and in substance approved by the Agent, to cover each lot, parcel, tract or leasehold estate (as the case may be) of present or future real property owned by a Company after foreclosure or conveyance in lieu of foreclosure of any Repurchased Loan or other Pledged Loan (or any other Collateral that, while Pledged to the Agent, is or becomes real property under the law of the U.S. jurisdiction where it is located), each of which mortgage instruments shall describe the mortgagee or grantee as “JPMorgan Chase Bank, N.A., as a Lender and as Agent for certain other Lenders” and shall describe the Debt it secures substantially as follows: All present and future debts and obligations of [HomeBanc Corp.][HomeBanc Mortgage Corporation] to JPMorgan Chase Bank, N.A., as a Lender and as Agent for the other Lenders named therein, and to such other Lenders, under or pursuant to the 8/05 Amended and Restated Senior Secured Credit Agreement dated as of August 1, 2005 by and among HomeBanc Corp., HomeBanc Mortgage Corporation, JPMorgan Chase Bank, N.A. and others, the principal debt under which credit agreement has a final stated maturity of July 31, 2006, as such credit agreement may have been or may from time to time be supplemented, amended or restated; provided that the principal debt hereby secured shall in no event exceed [state here the amount that is equal to 120% of the value of the mortgaged real estate as shown in its most recent Appraisal or Broker’s Price Opinion]. While the Agent does not initially intend to record any of such mortgages, deeds of trust or security deeds, the Agent may elect to record — upon prior written notice to the relevant Company, unless an Event of Default has occurred that the Agent has not declared in writing to have been cured or waived, in which case no written notice is necessary — any or all of them at any time or times, and all costs of filing and recordation shall be paid for by the Companies, either directly or as reimbursement to the Agent, whichever the Agent shall elect.

Mortgaging of Real Property Collateral. Each Company hereby GRANTS to the Agent a Lien against, and hereby agrees to duly Pledge to the Agent by executing, acknowledging sufficiently for recording and delivering to the Agent or (where appropriate) to a trustee designated by the Agent, a recordable mortgage, deed of trust or security deed (whichever form of real property mortgage instrument is appropriate to the jurisdiction in which the real property is located) — on the standard Xxxxxx Xxx/Xxxxxxx Mac form, modified appropriately for the purpose, or in another form approved by the Agent — and in substance approved by the Agent, to cover each lot, parcel, tract or leasehold estate (as the case may be) of present or future real property owned by a Company after foreclosure or conveyance in lieu of foreclosure of any Repurchased Loan or other Pledged Loan (or any other Collateral that, while Pledged to the Agent, is or becomes real property under the law of the U.S. jurisdiction where it is located), each of which mortgage instruments shall describe the mortgagee or grantee as “JPMorgan Chase Bank, N.A., as a Lender and as Agent for certain other Lenders” and shall describe the Debt it secures substantially as follows: All present and future debts and obligations of [HomeBanc Corp.][HomeBanc Mortgage Corporation] to JPMorgan Chase Bank, N.A., as a Lender and as Agent for the other Lenders named therein, and to such other Lenders, under or pursuant to the 8/05 6/04 Amended and Restated Senior Secured Credit Agreement dated as of August 1June 7, 2005 2004 by and among HomeBanc Corp., HomeBanc Mortgage Corporation, JPMorgan Chase Bank, N.A. Bank and others, the principal debt under which credit agreement has a final stated maturity of July 31June 7, 20062005, as such credit agreement may have been or may from time to time be supplemented, amended or restated; provided that the principal debt hereby secured shall in no event exceed [state here the amount that is equal to 120% of the value of the mortgaged real estate as shown in its most recent Appraisal or Broker’s Price Opinion]. While the Agent does not initially intend to record any of such mortgages, deeds of trust or security deeds, the Agent may elect to record — upon prior written notice to the relevant Company, unless an Event of Default has occurred that the Agent has not declared in writing to have been cured or waived, in which case no written notice is necessary — any or all of them at any time or times, and all costs of filing and recordation shall be paid for by the Companies, either directly or as reimbursement to the Agent, whichever the Agent shall elect.

Mortgaging of Real Property Collateral. Each Company Borrower hereby GRANTS grants to the Agent Lender a Lien against, and hereby agrees to duly Pledge to the Agent Lender by executing, acknowledging sufficiently for recording and delivering to the Agent Lender or (where appropriate) to a trustee designated by the AgentLender, a recordable mortgage, deed of trust or security deed (whichever form of real property mortgage instrument is appropriate to the jurisdiction in which the real property is located) — on located)—on the standard Xxxxxx Xxx/Xxxxxxx Mac form, modified appropriately for the purpose, or in another form approved by the Agent — Lender—and in substance approved by the AgentLender, to cover each lot, parcel, tract or leasehold estate (as the case may be) of present or future real property owned by a Company the Borrower after foreclosure or conveyance in lieu of foreclosure of any Repurchased Loan or other Pledged Loan (or any other Collateral that, while Pledged to the AgentLender, is or becomes real property under the law of the U.S. jurisdiction where it is located), each of which mortgage instruments shall describe the mortgagee or grantee as “"JPMorgan Chase Bank, N.A., as a Lender and as Agent for certain other Lenders” " and shall describe the Debt it secures substantially as follows: All present and future debts and obligations of [HomeBanc Corp.][HomeBanc Fieldstone Investment Corporation, Fieldstone Mortgage Corporation] Company or both to JPMorgan Chase Bank, N.A., as a Lender and as Agent for the other Lenders named therein, and to such other Lenders, Bank under or pursuant to the 8/05 4/04 Amended and Restated Senior Secured Credit Agreement dated as of August 1April 21, 2005 2004 by and among HomeBanc Corp., HomeBanc Mortgage Fieldstone Investment Corporation, Fieldstone Mortgage Company and JPMorgan Chase Bank, N.A. and others, the principal debt under which credit agreement has a final stated maturity of July 31April 20, 20062005, as such credit agreement may have been or may from time to time be supplemented, amended or restated; provided that the principal debt hereby secured shall in no event exceed [state here the amount that is equal to 120130% of the value of the mortgaged real estate as shown in its most recent Appraisal or Broker’s 's Price Opinion]. While the Agent Lender does not initially intend to record any of such mortgages, deeds of trust or security deeds, the Agent Lender may elect to record — record—upon prior written notice to the relevant CompanyBorrower, unless an Event of Default has occurred that the Agent Lender has not declared in writing to have been cured or waived, in which case no written notice is necessary — necessary—any or all of them at any time or times, and all costs of filing and recordation shall be paid for by the CompaniesBorrowers, either directly or as reimbursement to the AgentLender, whichever the Agent Lender shall elect.

Mortgaging of Real Property Collateral. Each The Company hereby GRANTS grants to the Agent a Lien against, and hereby agrees to duly Pledge to the Agent by executing, acknowledging sufficiently for recording and delivering to the Agent or (where appropriate) to a trustee designated by the Agent, a recordable mortgage, deed of trust or security deed (whichever form of real property mortgage instrument is appropriate to the jurisdiction in which the real property is located) — on the standard Xxxxxx XxxMae/Xxxxxxx Mac form, modified appropriately for the purpose, or in another form approved by the Agent — and in substance approved by the Agent, to cover each lot, parcel, tract or leasehold estate (as the case may be) of present or future real property owned by a the Company after foreclosure or conveyance in lieu of foreclosure of any Repurchased Loan or other Pledged Loan (or any other Collateral that, while Pledged to the Agent, is or becomes real property under the law of the U.S. jurisdiction where it is located), each of which mortgage instruments shall describe the mortgagee or grantee as “JPMorgan Chase Bank, N.A., as a Lender and as Agent for certain other Lenders” and shall describe the Debt it secures substantially as follows: All present and future debts and obligations of [HomeBanc Corp.][HomeBanc Mortgage Corporation] E-Loan, Inc. to JPMorgan Chase Bank, N.A., as a Lender and as Agent for the other Lenders named therein, and to such other Lenders, under or pursuant to the 8/05 Amended and Restated 1/05 Senior Secured Credit Agreement dated as of August 1January 4, 2005 by and among HomeBanc Corp.E-Loan, HomeBanc Mortgage CorporationInc., JPMorgan Chase Bank, N.A. and others, the principal debt under which credit agreement has a final stated maturity of July 31January 3, 2006, as such credit agreement may have been or may from time to time be supplemented, amended or restated; provided that the principal debt hereby secured shall in no event exceed [state here the amount that is equal to 120130% of the value of the mortgaged real estate as shown in its most recent Appraisal or Broker’s Price Opinion, or, for Second Lien Loans or HELOCs only, as determined by the AVM]. While the Agent does not initially intend to record any of such mortgages, deeds of trust or security deeds, the Agent may elect to record — upon prior written notice to the relevant Company, unless an Event of Default has occurred that the Agent has not declared in writing to have been cured or waived, in which case no written notice is necessary — any or all of them at any time or times, and all costs of filing and recordation shall be paid for by the CompaniesCompany, either directly or as reimbursement to the Agent, whichever the Agent shall elect.

Mortgaging of Real Property Collateral. Each The Company hereby GRANTS to the Agent a Lien against, and hereby agrees to duly Pledge to the Agent by executing, acknowledging sufficiently for recording and delivering to the Agent or (where appropriate) to a trustee designated by the Agent, a recordable mortgage, deed of trust or security deed (whichever form of real property mortgage instrument is appropriate to the jurisdiction in which the real property is located) — -- on the standard Xxxxxx XxxFNMA/Xxxxxxx Mac FHLMC form, modified appropriately for the purpose, or in another form approved by the Agent — -- and in substance approved by the Agent, to cover each lot, parcel, tract or leasehold estate (as the case may be) of present or future real property owned by a Company after foreclosure or conveyance in lieu of foreclosure of any Repurchased Loan or other Pledged Loan (or any other Collateral that, while Pledged to the Agent, is or becomes that constitutes real property under the law of the U.S. jurisdiction where it is located), each of which mortgage instruments shall describe the mortgagee or grantee as “JPMorgan "Chase BankBank of Texas, N.A.National Association, as a Lender and as Agent for certain other Lenders” " and shall describe the Debt it secures substantially as follows: All present and future debts and obligations of [HomeBanc Corp.][HomeBanc Long Beach Mortgage Corporation] Company to JPMorgan Chase BankBank of Texas, N.A.National Association, as a Lender and as Agent for the other Lenders named therein, and to such other Lenders, under or pursuant to the 8/05 4/98 Amended and Restated Senior Secured Credit Agreement dated as of August 1April 13, 2005 by and among HomeBanc Corp., HomeBanc Mortgage Corporation, JPMorgan Chase Bank, N.A. and others1998, the principal debt under which credit agreement has a final stated maturity of July 31April 13, 20062000, as such credit agreement may have been or may from time to time be supplemented, amended or restated; provided that the principal debt hereby secured shall in no event exceed [state here the amount that is equal to 120% of the current appraised value or broker's opinion of value of the mortgaged real estate as shown in its most recent Appraisal or Broker’s Price Opinionestate]. While the Agent does not initially intend to record any of such mortgages, deeds of trust or security deeds, the Agent may elect to record — upon prior written notice to the relevant Company, unless an Event of Default has occurred that the Agent has not declared in writing to have been cured or waived, in which case no written notice is necessary — any or all of them at any time or times, and all costs of filing and recordation shall be paid for by the CompaniesCompany, either directly or as reimbursement to the Agent, whichever the Agent shall elect.

Mortgaging of Real Property Collateral. Each The Company hereby GRANTS to the Agent a Lien against, and hereby agrees to duly Pledge to the Agent by executing, acknowledging sufficiently for recording and delivering to the Agent or (where appropriate) to a trustee designated by the Agent, a recordable mortgage, deed of trust or security deed (whichever form of real property mortgage instrument is appropriate to the jurisdiction in which the real property is located) — – on the standard Xxxxxx XxxFNMA/Xxxxxxx Mac FHLMC form, modified appropriately for the purpose, or in another form approved by the Agent — – and in substance approved by the Agent, to cover each lot, parcel, tract or leasehold estate (as the case may be) of present or future real property owned by a the Company after foreclosure or conveyance in lieu of foreclosure of any Repurchased Loan or other Pledged Loan (or any other Collateral that, while Pledged to the Agent, is or becomes real property under the law of the U.S. jurisdiction where it is located), each of which mortgage instruments shall describe the mortgagee or grantee as “JPMorgan Chase Bank, N.A., as a Lender and as Agent for certain other Lenders” and shall describe the Debt it secures substantially as follows: All present and future debts and obligations of [HomeBanc Corp.][HomeBanc Mortgage Corporation] Corporation to JPMorgan Chase Bank, N.A., as a Lender and as Agent for the other Lenders named therein, and to such other Lenders, under or pursuant to the 8/05 12/03 Amended and Restated Senior Secured Credit Agreement dated as of August 1December 3, 2005 2003 by and among HomeBanc Corp., HomeBanc Mortgage Corporation, JPMorgan Chase Bank, N.A. Bank and others, the principal debt under which credit agreement has a final stated maturity of July 31December 2, 20062004, as such credit agreement may have been or may from time to time be supplemented, amended or restated; provided that the principal debt hereby secured shall in no event exceed [state here the amount that is equal to 120% of the value of the mortgaged real estate as shown in its most recent Appraisal or Broker’s Price Opinion]. While the Agent does not initially intend to record any of such mortgages, deeds of trust or security deeds, the Agent may elect to record — – upon prior written notice to the relevant Company, unless an Event of Default has occurred that the Agent has not declared in writing to have been cured or waived, in which case no written notice is necessary — – any or all of them at any time or times, and all costs of filing and recordation shall be paid for by the CompaniesCompany, either directly or as reimbursement to the Agent, whichever the Agent shall elect.

Mortgaging of Real Property Collateral. Each The Company hereby GRANTS grants to the Agent a Lien against, and hereby agrees to duly Pledge to the Agent by executing, acknowledging sufficiently for recording and delivering to the Agent or (where appropriate) to a trustee designated by the Agent, a recordable mortgage, deed of trust or security deed (whichever form of real property mortgage instrument is appropriate to the jurisdiction in which the real property is located) — -- on the standard Xxxxxx Xxx/Xxxxxxx Mac form, modified appropriately for the purpose, or in another form approved by the Agent — -- and in substance approved by the Agent, to cover each lot, parcel, tract or leasehold estate (as the case may be) of present or future real property owned by a the Company after foreclosure or conveyance in lieu of foreclosure of any Repurchased Loan or other Pledged Loan (or any other Collateral that, while Pledged to the Agent, is or becomes real property under the law of the U.S. jurisdiction where it is located), each of which mortgage instruments shall describe the mortgagee or grantee as “"JPMorgan Chase Bank, N.A., as a Lender and as Agent for certain other Lenders” " and shall describe the Debt it secures substantially as follows: All present and future debts and obligations of [HomeBanc Corp.][HomeBanc Mortgage Corporation] Sunset Financial Resources, Inc. to JPMorgan Chase Bank, N.A., as a Lender and as Agent for the other Lenders named therein, and to such other Lenders, under or pursuant to the 8/05 Amended and Restated 3/04 Senior Secured Credit Agreement dated as of August 1March 22, 2005 2004 by and among HomeBanc Corp.Sunset Financial Resources, HomeBanc Mortgage CorporationInc., JPMorgan Chase Bank, N.A. Bank and others, the principal debt under which credit agreement has a final stated maturity of July 31March 21, 20062005, as such credit agreement may have been or may from time to time be supplemented, amended or restated; provided that the principal debt hereby secured shall in no event exceed [state here the amount that is equal to 120% of the value of the mortgaged real estate as shown in its most recent Appraisal or Broker’s 's Price Opinion]. While the Agent does not initially intend to record any of such mortgages, deeds of trust or security deeds, the Agent may elect to record — -- upon prior written notice to the relevant Company, unless an Event of Default has occurred that the Agent has not declared in writing to have been cured or waived, in which case no written notice is necessary — -- any or all of them at any time or times, and all costs of filing and recordation shall be paid for by the CompaniesCompany, either directly or as reimbursement to the Agent, whichever the Agent shall elect.

Mortgaging of Real Property Collateral. Each Company hereby GRANTS to the Agent a Lien against, and hereby agrees to duly Pledge to the Agent by executing, acknowledging sufficiently for recording and delivering to the Agent or (where appropriate) to a trustee designated by the Agent, a recordable mortgage, deed of trust or security deed (whichever form of real property mortgage instrument is appropriate to the jurisdiction in which the real property is located) — -- on the standard Xxxxxx XxxFNMA/Xxxxxxx Mac FHLMC form, modified appropriately for the purpose, or in another form approved by the Agent — -- and in substance approved by the Agent, to cover each lot, parcel, tract or leasehold estate (as the case may be) of present or future real property owned by a Company after foreclosure or conveyance in lieu of foreclosure of any Repurchased Loan or other Pledged Loan REO (or any other Collateral that, while Pledged to the Agent, is or becomes real property under the law of the U.S. jurisdiction where it is located), each of which mortgage instruments shall describe the mortgagee or grantee as “"JPMorgan Chase Bank, N.A., as a Lender and as Agent for certain other Lenders” " and shall describe the Debt it secures substantially as follows: All present and future debts and obligations of [HomeBanc Corp.][HomeBanc Mortgage Corporation] AMERICAN BUSINESS CREDIT, INC., HOMEAMERICAN CREDIT, INC. d/b/a Upland Mortgage, AMERICAN BUSINESS MORTGAGE SERVICES, INC., TIGER RELOCATION COMPANY and ABFS RESIDUAL 2002, INC., or any of them, to JPMorgan Chase Bank, N.A., as a Lender and as Agent for the other Lenders named therein, and to such other Lenders, under or pursuant to the 8/05 3/02 Amended and Restated Senior Secured Credit Agreement dated as of August 1March 15, 2005 2002 by and among HomeBanc Corp., HomeBanc Mortgage Corporationsuch companies, JPMorgan Chase Bank, N.A. Bank and others, the principal debt under which credit agreement has a final stated maturity of July 31December 19, 20062002, as such credit agreement may have been or may from time to time be supplemented, amended or restated; provided that the principal debt hereby secured shall in no event exceed [state here the amount that is equal to 120% of the value of the mortgaged real estate as shown in its most recent Appraisal Appraisal, Broker's Price Opinion or Broker’s Price OpinionAVM]. While the Agent does not initially intend to record any of such mortgages, deeds of trust or security deeds, the Agent may elect to record — -- upon prior written notice to the relevant CompanyCompanies, unless an Event of Default has occurred that the Agent has not been declared in writing by the Agent to have been cured or waived, in which case no written notice is necessary — -- any or all of them at any time or times, and all costs of filing and recordation shall be paid for by the Companies, either directly or as reimbursement to the Agent, whichever the Agent shall elect.