Common use of Non-Usage Fees Clause in Contracts

Non-Usage Fees. At the end of each month during the term of this Agreement, Lender will determine the average usage of the Warehousing Commitment by calculating the arithmetic daily average of the Warehousing Advances outstanding during such month ("Used Portion"). Lender will then subtract the Used Portion from the arithmetic daily average of the Warehousing Commitment Amount outstanding during such month, and the result, if positive, will be known as the "Unused Portion." Borrower agrees to pay to Lender a fee ("Non-Usage Fee") in the amount of 0.125% per annum of the Unused Portion during such month, except that no Non-Usage Fee will be charged for any month in which the Used Portion is equal to or greater than 50% of the Warehousing Commitment Amount. The Non-Usage Fee is payable monthly, in arrears. Lender computes the Non-Usage Fee on the basis of the actual number of days in the month and a year of 360 days. Borrower must pay the Non-Usage Fee within 9 days after of the date of Lender's invoice or account analysis statement. If the date set forth in clause (a) of the definition of Warehousing Maturity Date occurs on a day other than the last day of a month, Borrower must pay the prorated portion of the Non-Usage Fee due from the beginning of the month to and including that date. Borrower is not entitled to a reduction in the amount of the Non-Usage Fee if (a) the Warehousing Commitment Amount is reduced or (b) the Warehousing Commitment is terminated at the request of Borrower or as a result of an Event of Default. If the Warehousing Commitment terminates at the request of Borrower or as a result of an Event of Default, Borrower must pay, on the date of termination, a Non-Usage Fee in the amount of 0.125% per annum of the Warehousing Commitment Amount in effect immediately prior to the date of termination, for the period from the date of termination to and including the date set forth in clause (a) of the definition of Warehousing Maturity Date. Lender's determination of the Non-Usage Fee for any period is conclusive and binding, absent manifest error.

Non-Usage Fees. At the end of each month Calendar Quarter during the term of this Agreement, commencing with the Calendar Quarter beginning on July 1, 2002, Lender will determine the average usage of the Warehousing Commitment by calculating the arithmetic daily average of the Warehousing Advances outstanding during such month Calendar Quarter ("Used Portion"). Lender will then subtract the Used Portion from the arithmetic daily average of the Warehousing Commitment Amount outstanding during such monthCalendar Quarter, and the result, if positive, will be known as the "Unused Portion." Borrower agrees to must pay to Lender a fee ("Non-Usage Fee") in the amount of 0.125% per annum of the Unused Portion during such month, except that no Non-Usage Fee will be charged for any month in which the Used Portion is equal to or greater than 50% of the Warehousing Commitment AmountCalendar Quarter. The Non-Usage Fee is payable monthlyquarterly, in arrears. Lender computes the Non-Usage Fee on the basis of the actual number of days in the month each Calendar Quarter and a year of 360 days. Borrower must pay the Non-Usage Fee within 9 days after of the date of Lender's invoice or or, if applicable, within 2 days after the date of Lender's account analysis statement. If the date set forth in clause (a) of the definition of Warehousing Maturity Date occurs on a day other than the last day of a monthCalendar Quarter, Borrower must pay the prorated portion of the Non-Usage Fee due from the beginning of the month then current Calendar Quarter to and including that date. Borrower is not entitled to a reduction in the amount of the Non-Usage Fee if (a) the Warehousing Commitment Amount is reduced or (b) the Warehousing Commitment is terminated at the request of Borrower or as a result of an Event of Default. If the Warehousing Commitment terminates at the request of Borrower or as a result of an Event of Default, Borrower must pay, on the date of termination, a Non-Usage Fee in the amount of 0.125% per annum of the Warehousing Commitment Amount in effect immediately prior to the date of termination, for the period from the date of termination to and including the date set forth in clause (a) of the definition of Warehousing Maturity Date. Lender's determination of the Non-Usage Fee for any period is conclusive and binding, absent manifest error.

Non-Usage Fees. At the end of each month Calendar Quarter during the term of this Agreement, unless Borrower has satisfied the requirement of Section 3.5 for such Calendar Quarter, Lender will determine the average usage of the Warehousing Commitment by calculating the arithmetic daily average of the Warehousing Advances outstanding during such month Calendar Quarter ("“Used Portion"”). Lender will then subtract the Used Portion from the arithmetic daily average of the Warehousing Commitment Amount outstanding during such month$12,500,000, and the result, if positive, will be known as the "“Unused Portion." ”. Borrower agrees to pay to Lender a fee ("“Non-Usage Fee"”) in the amount of 0.1250.5% per annum of the Unused Portion during such month, except that no Non-Usage Fee will be charged for any month in which the Used Portion is equal to or greater than 50% of the Warehousing Commitment AmountCalendar Quarter. The Non-Usage Fee is payable monthlyquarterly, in arrears. Lender computes the Non-Usage Fee on the basis of the actual number of days in the month each Calendar Quarter and a year of 360 365 days. Borrower must pay the Non-Usage Fee within 9 10 days after of the date of Lender's ’s invoice or account analysis statement. If the date set forth in clause (a) of the definition of Warehousing Maturity Commitment Termination Date occurs on a day other than the last day of a monthCalendar Quarter, Borrower must pay the prorated portion of the Non-Usage Fee due from the beginning of the month then current Calendar Quarter to and including that date. Borrower is not entitled to a reduction in the amount of the Non-Usage Fee if (a) the Warehousing Commitment Amount is reduced or (b) the Warehousing Commitment is terminated at the request of Borrower or as a result of an Event of Default. If the Warehousing Commitment terminates at the request of Borrower or as a result of an Event of Default, Borrower must pay, on the date of termination, a Non-Usage Fee in the amount of 0.1250.5% per annum of the Warehousing Commitment Amount in effect immediately prior to the date of termination, for the period from the date of termination to and including the date set forth in clause (a) of the definition of Warehousing Maturity Commitment Termination Date. Lender's ’s determination of the Non-Usage Fee for any period is conclusive and binding, absent manifest error.. Dated: 5/23/2003 Amended: 6/11/2004

Non-Usage Fees. At the end of each month Calendar Quarter during the term of this Agreement, Lender will determine the average usage of the Warehousing Commitment by calculating the arithmetic daily average of the Warehousing Advances outstanding during such month Calendar Quarter ("Used Portion"). Lender will then subtract the Used Portion from the arithmetic daily average of the Warehousing Commitment Amount outstanding during such monthCalendar Quarter, and the result, if positive, will be known as the "Unused Portion." Borrower agrees to must pay to Lender a fee ("Non-Usage Fee") in the amount of 0.125% per annum of the Unused Portion during such monthCalendar Quarter, except that no Non-Usage Fee will be charged for any month Calendar Quarter in which the Used Portion is equal to or greater than 50% of the Warehousing Commitment Amount. The Non-Usage Fee is payable monthlyquarterly, in arrears. Lender computes the Non-Usage Fee on the basis of the actual number of days in the month each Calendar Quarter and a year of 360 days. Borrower must pay the Non-Usage Fee within 9 days after of the date of Lender's invoice or or, if applicable, within 2 days after the date of Lender's account analysis statement. If the date set forth in clause (a) of the definition of Warehousing Maturity Date occurs on a day other than the last day of a monthCalendar Quarter, Borrower must pay the prorated portion of the Non-Usage Fee due from the beginning of the month then current Calendar Quarter to and including that date. Borrower is not entitled to a reduction in the amount of the Non-Usage Fee if (a) the Warehousing Commitment Amount is reduced or (b) the Warehousing Commitment is terminated at the request of Borrower or as a result of an Event of Default. If the Warehousing Commitment terminates at the request of Borrower or as a result of an Event of Default, Borrower must pay, on the date of termination, a Non-Usage Fee in the amount of 0.125% per annum of the Warehousing Commitment Amount in effect immediately prior to the date of termination, for the period from the date of termination to and including the date set forth in clause (a) of the definition of Warehousing Maturity Date. Lender's determination of the Non-Usage Fee for any period is conclusive and binding, absent manifest error.

Non-Usage Fees. At the end of each month Calendar Quarter during the term of this Agreement, Lender will determine the average usage of the Warehousing Commitment by calculating the arithmetic daily average of the Warehousing Advances outstanding during such month Calendar Quarter ("“Used Portion"”). Lender will then subtract the Used Portion from the arithmetic daily average of the Warehousing Commitment Amount outstanding Usage Target during such monthCalendar Quarter, and the result, if positive, will be known as the "“Unused Portion." ” Borrower agrees to must pay to Lender a fee ("“Non-Usage Fee"”) in the amount of 0.125% per annum of the Unused Portion during such month, except that no Non-Usage Fee will be charged for any month set forth in which the Used Portion is equal to or greater than 50% of the Warehousing Commitment Amount. Exhibit I. The Non-Usage Fee is payable monthlyquarterly, in arrears. Lender computes the Non-Usage Fee on the basis of the actual number of days in the month each Calendar Quarter and a year of 360 days. Borrower must pay the Non-Usage Fee within 9 days after of the date of Lender's ’s invoice or or, if applicable, within 2 days after the date of Lender’s account analysis statement. If the date set forth in clause (a) of the definition of Warehousing Maturity Date occurs on a day other than the last day of a monthCalendar Quarter, Borrower must pay the prorated portion of the Non-Usage Fee due from the beginning of the month then current Calendar Quarter to and including that date. Borrower is not entitled to a reduction in the amount of the Non-Usage Fee if (a) the Warehousing Commitment Amount is reduced or (b) the Warehousing Commitment is terminated at the request of Borrower or as a result of an Event of Default. If the Warehousing Commitment terminates at the request of Borrower or as a result of an Event of Default, Borrower must pay, on the date of termination, a Non-Usage Fee in the amount of 0.1250.25% per annum of the Warehousing Commitment Amount in effect immediately prior to the date of termination, for the period from the date of termination to and including the date set forth in clause (a) of the definition of Warehousing Maturity Date. Lender's ’s determination of the Non-Usage Fee for any period is conclusive and binding, absent manifest error.

Non-Usage Fees. At the end of each month during the term of this Agreement, Lender will determine the average usage of the Warehousing Commitment by calculating the arithmetic daily average of the Warehousing Advances outstanding during such month ("Used Portion"). Lender will then subtract the Used Portion from the arithmetic daily average of the Warehousing Commitment Amount outstanding during such month, and the result, if positive, will be known as the "Unused Portion." Borrower agrees to pay to Lender a fee ("Non-Usage Fee") in the amount of 0.125% per annum of the Unused Portion during such month, except that no Non-Usage Fee will be charged for any month set forth in which the Used Portion is equal to or greater than 50% of the Warehousing Commitment Amount. Exhibit J. The Non-Usage Fee is payable monthly, in arrears. Lender computes the Non-Usage Fee on the basis of the actual number of days in the month and a year of 360 days. Borrower must pay the Non-Usage Fee within 9 days after of the date of Lender's invoice or account analysis statement. If the date set forth in clause (a) of the definition of Warehousing Maturity Date occurs on a day other than the last day of a month, Borrower must pay the prorated portion of the Non-Usage Fee due from the beginning of the month to and including that date. Borrower is not entitled to a reduction in the amount of the Non-Usage Fee if (a) the Warehousing Commitment Amount is reduced or (b) the Warehousing Commitment is terminated at the request of Borrower or as a result of an Event of Default. If the Warehousing Commitment terminates at the request of Borrower or as a result of an Event of Default, Borrower must pay, on the date of termination, a Non-Usage Fee in the amount of 0.125% per annum of the Warehousing Commitment Amount in effect immediately prior to the date of termination, for the period from the date of termination to and including the date set forth in clause (a) of the definition of Warehousing Maturity Date. Lender's determination of the Non-Usage Fee for any period is conclusive and binding, absent manifest error.

Non-Usage Fees. At the end of each month Calendar Quarter during the term of this Agreement, Lender will determine the average usage of the Warehousing Commitment by calculating the arithmetic daily average of the Warehousing Advances outstanding during such month Calendar Quarter ("Used Portion"). Lender will then subtract the Used Portion from the arithmetic daily average of the Warehousing Commitment Amount outstanding during such monthCalendar Quarter, and the result, if positive, will be known as the "Unused Portion." Borrower agrees to must pay to Lender a fee ("Non-Usage Fee") in the amount of 0.1250.25% per annum of the Unused Portion during such month, except that no Non-Usage Fee will be charged for any month in which the Used Portion is equal to or greater than 50% of the Warehousing Commitment AmountCalendar Quarter. The Non-Usage Fee is payable monthlyquarterly, in arrears. Lender computes the Non-Usage Fee on the basis of the actual number of days in the month each Calendar Quarter and a year of 360 days. Borrower must pay the Non-Usage Fee within 9 days after of the date of Lender's invoice or or, if applicable, within 2 days after the date of Lender's account analysis statement. If the date set forth in clause (a) of the definition of Warehousing Maturity Date occurs on a day other than the last day of a monthCalendar Quarter, Borrower must pay the prorated portion of the Non-Usage Fee due from the beginning of the month then current Calendar Quarter to and including that date. Borrower is not entitled to a reduction in the amount of the Non-Non- Usage Fee if (a) the Warehousing Commitment Amount is reduced or (b) the Warehousing Commitment is terminated at the request of Borrower or as a result of an Event of Default. If the Warehousing Commitment terminates at the request of Borrower or as a result of an Event of Default, Borrower must pay, on the date of termination, a Non-Usage Fee in the amount of 0.1250.25% per annum of the Warehousing Commitment Amount in effect immediately prior to the date of termination, for the period from the date of termination to and including the date set forth in clause (a) of the definition of Warehousing Maturity Date. Lender's determination of the Non-Usage Fee for any period is conclusive and binding, absent manifest error.

Non-Usage Fees. At the end of each month Calendar Quarter during the term of this Agreement, Lender will determine the average usage of the Warehousing Commitment by calculating the arithmetic daily average of the Warehousing Advances outstanding during such month Calendar Quarter ("“Used Portion"”). Lender will then subtract the Used Portion from the arithmetic daily average of the Warehousing Commitment Amount outstanding Usage Target during such monthCalendar Quarter, and the result, if positive, will be known as the "“Unused Portion." ” Borrower agrees to must pay to Lender a fee ("“Non-Usage Fee"”) in the amount of 0.125% per annum of the Unused Portion during such month, except that no Non-Usage Fee will be charged for any month set forth in which the Used Portion is equal to or greater than 50% of the Warehousing Commitment Amount. Exhibit I. The Non-Usage Fee is payable monthlyquarterly, in arrears. Lender computes the Non-Usage Fee on the basis of the actual number of days in the month each Calendar Quarter and a year of 360 days. Borrower must pay the Non-Usage Fee within 9 days after of the date of Lender's ’s invoice or or, if applicable, within 2 days after the date of Lender’s account analysis statement. If the date set forth in clause (a) of the definition of Warehousing Maturity Date occurs on a day other than the last day of a monthCalendar Quarter, Borrower must pay the prorated portion of the Non-Usage Fee due from the beginning of the month then current Calendar Quarter to and including that date. Borrower is not entitled to a reduction in the amount of the Non-Usage Fee if (a) the Warehousing Commitment Amount is reduced or (b) the Warehousing Commitment is terminated at the request of Borrower or as a result of an Event of Default. If the Warehousing Commitment terminates at the request of Borrower or as a result of an Event of Default, Borrower must pay, on the date of termination, a Non-Usage Fee in the amount of 0.1250.250% per annum of the Warehousing Commitment Amount in effect immediately prior to the date of termination, for the period from the date of termination to and including the date set forth in clause (a) of the definition of Warehousing Maturity Date. Lender's ’s determination of the Non-Usage Fee for any period is conclusive and binding, absent manifest error.

Non-Usage Fees. At the end of each month Calendar Quarter during the term of this Agreement, Lender will determine the average usage of the Warehousing Commitment by calculating the arithmetic daily average of the Warehousing Advances outstanding during such month Calendar Quarter ("“Used Portion"”). Lender will then subtract the Used Portion from the arithmetic daily average of the Warehousing Commitment Amount outstanding during such monthCalendar Quarter, and the result, if positive, will be known as the "“Unused Portion." ” Borrower agrees to must pay to Lender a fee ("“Non-Usage Fee"”) in the amount of 0.125% per annum of the Unused Portion during such month, except that no Non-Usage Fee will be charged for any month set forth in which the Used Portion is equal to or greater than 50% of the Warehousing Commitment Amount. Exhibit I. The Non-Usage Fee is payable monthlyquarterly, in arrears. Lender computes the Non-Usage Fee on the basis of the actual number of days in the month each Calendar Quarter and a year of 360 days. Borrower must pay the Non-Usage Fee within 9 days after of the date of Lender's ’s invoice or or, if applicable, within 2 days after the date of Lender’s account analysis statement. If the date set forth in clause (a) of the definition of Warehousing Maturity Date occurs on a day other than the last day of a monthCalendar Quarter, Borrower must pay the prorated portion of the Non-Usage Fee due from the beginning of the month then current Calendar Quarter to and including that date. Borrower is not entitled to a reduction in the amount of the Non-Usage Fee if (a) the Warehousing Commitment Amount is reduced or (b) the Warehousing Commitment is terminated at the request of Borrower or as a result of an Event of Default. If the Warehousing Commitment terminates at the request of Borrower or as a result of an Event of Default, Borrower must pay, on the date of termination, a Non-Usage Fee in the amount of 0.125% per annum of the Warehousing Commitment Amount in effect immediately prior to the date of termination, for the period from the date of termination to and including the date set forth in clause (a) of the definition of Warehousing Maturity Date. Lender's ’s determination of the Non-Usage Fee for any period is conclusive and binding, absent manifest error.

Non-Usage Fees. At the end of each month Calendar Quarter during the term of this Agreement, commencing with the Calendar Quarter beginning on March 31, 2003, Lender will determine the average usage of the Warehousing Commitment by calculating the arithmetic daily average of the Warehousing Advances outstanding during such month Calendar Quarter ("Used Portion"). Lender will then subtract the Used Portion from the lesser of (a) the arithmetic daily average of the Warehousing Commitment Amount outstanding during such monthand (b) $50,000,000, and the result, if positive, will be known as the "Unused Portion." Borrower agrees to must pay to Lender a fee ("Non-Usage Fee") in the amount of 0.1250.25% per annum of the Unused Portion during such monthCalendar Quarter, except that no Non-Usage Fee will be charged for any month Calendar Quarter in which the Used Portion is equal to or greater than 50% $25,000,000 of the Warehousing Commitment Amount. The Non-Usage Fee is payable monthlyquarterly, in arrears. Lender computes the Non-Usage Fee on the basis of the actual number of days in the month each Calendar Quarter and a year of 360 days. Borrower must pay the Non-Usage Fee within 9 days after of the date of Lender's invoice or or, if applicable, within 2 days after the date of Lender's account analysis statement. If the date set forth in clause (a) of the definition of Warehousing Maturity Date occurs on a day other than the last day of a monthCalendar Quarter, Borrower must pay the prorated portion of the Non-Usage Fee due from the beginning of the month then current Calendar Quarter to and including that date. Borrower is not entitled to a reduction in the amount of the Non-Usage Fee if (a) the Warehousing Commitment Amount is reduced or (b) the Warehousing Commitment is terminated at the request of Borrower or as a result of an Event of Default. If the Warehousing Commitment terminates at the request of Borrower or as a result of an Event of Default, Borrower must pay, on the date of termination, a Non-Usage Fee in the amount of 0.1250.25% per annum of the Warehousing Commitment Amount in effect immediately prior to the date of termination, for the period from the date of termination to and including the date set forth in clause (a) of the definition of Warehousing Maturity Date. Lender's determination of the Non-Usage Fee for any period is conclusive and binding, absent manifest error. At the time of each Warehousing Advance against an Eligible Loan, Borrower will incur a loan package fee ("Loan Package Fee") and a wire fee ("Wire Fee"). Loan Package Fees and Wire Fees may, at Lender's discretion, be billed separately or combined into a single warehousing fee ("Warehousing Fee"). Borrower must pay all Loan Package Fees, Wire Fees or Warehousing Fees in the amount set forth in Exhibit H within 9 days after the date of Lender's invoice or, if applicable, within 2 days after the date of Lender's account analysis statement. Miscellaneous Fees and Charges Borrower must reimburse Lender for all Miscellaneous Fees and Charges. Borrower must pay all Miscellaneous Fees and Charges within 9 days after the date of Lender's invoice or, if applicable, within 2 days after the date of Lender's account analysis statement.

Non-Usage Fees. At the end of each month Calendar Quarter during the term of this Agreement, Lender will determine the average usage of the Warehousing Commitment by calculating the arithmetic daily average of the Warehousing Advances outstanding during such month Calendar Quarter ("“Used Portion"”). Lender will then subtract the Used Portion from the arithmetic daily average of the Warehousing Commitment Amount outstanding Line of Credit Limit during such monthCalendar Quarter, and the result, if positive, will be known as the "“Unused Portion." ” Borrower agrees to must pay to Lender a fee ("“Non-Usage Fee"”) in the amount of 0.1250.50% per annum of the Unused Portion during such month, except that no Non-Usage Fee will be charged for any month in which the Used Portion is equal to or greater than 50% of the Warehousing Commitment AmountCalendar Quarter. The Non-Usage Fee Fee, to the extent required to be paid hereunder, is payable monthlyquarterly, in arrearsarrears on the tenth (10th) day of the month following the last day of each Calendar Quarter. Lender computes the Non-Usage Fee on the basis of the actual number of days in the month each Calendar Quarter and a year of 360 days. Borrower must pay the Non-Usage Fee within 9 days after of the date of Lender's invoice or account analysis statement. If the date set forth in clause (ai) of the definition of Warehousing Maturity Date occurs on a day other than the last day of a monthCalendar Quarter, Borrower must pay the prorated portion of the Non-Usage Fee due from the beginning of the month then current Calendar Quarter to and including that date. Borrower is not entitled to a reduction in the amount of the Non-Usage Fee if (a) the Warehousing Commitment Amount is reduced or (b) the Warehousing Commitment is terminated at the request of Borrower or as a result of an Event of Defaultunder any circumstances. If the Warehousing Commitment terminates at the request of Borrower or as a result of an Event of Default, Borrower must pay, on the date of termination, a Non-Usage Fee in the amount of 0.1250.50% per annum of the Warehousing Commitment Amount Unused Portion in effect immediately prior to the date of termination, for the period from the date of termination to and including the date set forth in clause (ai) of the definition of Warehousing Maturity Date. Lender's ’s determination of the Non-Usage Fee for any period is conclusive and binding, absent manifest error.