Common use of Special Representations and Warranties Concerning FHA Mortgage Loans Clause in Contracts

Special Representations and Warranties Concerning FHA Mortgage Loans. Borrower represents and warrants to Credit Agent and Lenders, as of the date of each Advance Request and the making of each Warehousing Advance, that: (a) Each FHA-insured Mortgage Loan included in the Pledged Loans meets all applicable governmental requirements for such insurance. Borrower has complied and will continue to comply with all laws, rules and regulations with respect to the FHA insurance of each Pledged Loan designated by Borrower as an FHA-insured Mortgage Loan, and such insurance is and will continue to be in full force and effect. (b) For FHA-insured Pledged Loans that will be used to back Xxxxxx Xxx Mortgage-backed Securities, Borrower has received from Xxxxxx Mae the Confirmation Notice for Request of Additional Commitment Authority and Confirmation Notice for Request of Pool Numbers, and there remains available under those agreements a commitment on the part of Xxxxxx Xxx sufficient to permit the issuance of Xxxxxx Mae Mortgage-backed Securities in an amount at least equal to the amount of the Pledged Loans designated by Borrower as the Mortgage Loans to be used to back those Xxxxxx Xxx Mortgage-backed Securities; each of those Confirmation Notices is in full force and effect; each of those Pledged Loans has been assigned by Borrower to one of those Pool Numbers and a portion of the available Xxxxxx Mae Commitment has been allocated to this Agreement by Borrower, in an amount at least equal to those Pledged Loans; and each of those assignments and allocations has been reflected in the books and records of Borrower.

Special Representations and Warranties Concerning FHA Mortgage Loans. Borrower represents Borrowers represent and warrants warrant to Credit Agent and Lenders, as of the date of each Advance Request and the making of each Warehousing Advance, that: (a) Each FHA-insured Mortgage Loan included in the Pledged Loans meets all applicable governmental requirements for such insurance. Borrower W&D has complied and will continue to comply with all laws, rules and regulations with respect to the FHA insurance of each Pledged Loan designated by Borrower W&D as an FHA-insured Mortgage Loan, and such insurance is and will continue to be in full force and effect. (b) For FHA-insured Pledged Loans that will be used to back Xxxxxx Xxx Mortgage-backed Securities, Borrower W&D has received from Xxxxxx Mae the Confirmation Notice for Request of Additional Commitment Authority and Confirmation Notice for Request of Pool Numbers, and there remains available under those agreements a commitment on the part of Xxxxxx Xxx sufficient to permit the issuance of Xxxxxx Mae Mortgage-backed Securities in an amount at least equal to the amount of the Pledged Loans designated by Borrower W&D as the Mortgage Loans to be used to back those Xxxxxx Xxx Mortgage-backed Securities; each of those Confirmation Notices is in full force and effect; each of those Pledged Loans has been assigned by Borrower W&D to one of those Pool Numbers and a portion of the available Xxxxxx Mae Commitment has been allocated to this Agreement by BorrowerW&D, in an amount at least equal to those Pledged Loans; and each of those assignments and allocations has been reflected in the books and records of Borrower.W&D.

Special Representations and Warranties Concerning FHA Mortgage Loans. Borrower represents and warrants to Credit Administrative Agent and Lenderseach Lender, as of the date of each Advance Request and the making of each Warehousing Advance, that: (a) Each FHA-insured Mortgage Loan included in the Pledged Loans meets all applicable governmental requirements for such insurance. Borrower has complied and will continue to comply with all laws, rules and regulations with respect to the FHA insurance of each Pledged Loan designated by Borrower as an FHA-insured Mortgage Loan, and such insurance is and will continue to be in full force and effect. (b) For FHA-insured Pledged Loans that will be used to back Xxxxxx Xxx Mae Mortgage-backed Securities, Borrower has received from Xxxxxx Mae Xxx the Confirmation Notice for Request of Additional Commitment Authority and Confirmation Notice for Request of Pool Numbers, and there remains available under those agreements a commitment on the part of Xxxxxx Xxx Mae sufficient to permit the issuance of Xxxxxx Mae Xxx Mortgage-backed Securities in an amount at least equal to the amount of the Pledged Loans designated by Borrower as the Mortgage Loans to be used to back those Xxxxxx Xxx Mae Mortgage-backed Securities; each of those Confirmation Notices is in full force and effect; each of those Pledged Loans has been assigned by Borrower to one of those Pool Numbers and a portion of the available Xxxxxx Mae Xxx Commitment has been allocated to this Agreement by Borrower, in an amount at least equal to those Pledged Loans; and each of those assignments and allocations has been reflected in the books and records of Borrower.

Special Representations and Warranties Concerning FHA Mortgage Loans. Borrower The Company represents and warrants to the Credit Agent and the Lenders, as of the date of each Request for Advance Request and the making of each Warehousing Advance, that: (ai) The Company is approved, qualified and in good standing under all of the approvals described in Section 4.16(i)(g). (ii) Each FHA-insured FHA Mortgage Loan included in the Pledged Loans meets all applicable governmental requirements for such mortgage insurance. Borrower The Company has complied and will continue to comply with all laws, rules and regulations with respect to the FHA mortgage insurance of each Pledged Loan designated by Borrower the Company as an FHA-insured FHA Mortgage Loan, and such FHA mortgage insurance is and will continue to be in full force and effect. (biii) For FHA-insured FHA Mortgage Loans included in the Pledged Loans that will be used to back Xxxxxx Xxx Mortgage-backed SecuritiesMBS, Borrower the Company has received from Xxxxxx Mae the Confirmation Notice confirmation notices for Request of Additional Commitment Authority any request for additional commitment authority and Confirmation Notice request for Request of Pool Numberspool numbers, and there remains available under those agreements a commitment on the part of Xxxxxx Xxx sufficient to permit the issuance of Xxxxxx Mae Mortgage-backed Securities MBS in an amount at least equal to the amount of the Pledged Loans designated by Borrower the Company as the Mortgage Loans to be used to back those Xxxxxx Xxx Mortgage-backed SecuritiesMBS; each of those Confirmation Notices confirmation notices is in full force and effect; each of those Pledged Loans has been assigned by Borrower the Company to one of those Pool Numbers pool numbers and a portion of the available Xxxxxx Mae Commitment commitment authority has been allocated to the Pledged Loans designated by the Company as the Mortgage Loans to be funded by Advances under this Agreement by Borrowerthe Company, in an amount at least equal to those Pledged Loans; .” (iv) Clause (4) of Section 6.3(i)(d) is hereby amended by adding the following after the words “Xxxxxx Xxx” where they appear therein: “, FHA, HUD, Xxxxxx Mae,”. (v) Section 6.3(i)(f) is hereby amended by adding the following after the words “Xxxxxx Xxx” where they appear therein: “or other third-party investor”.” (x) For the avoidance of doubt, the current Exhibit B to the Loan Agreement is attached hereto as Exhibit B. Such Exhibit remains subject to change as provided in Section 1.3(iii) to the Loan Agreement. (y) Exhibit C-2 to the Loan Agreement is hereby deleted in its entirety and each replaced with the form of those assignments and allocations has been reflected Exhibit C-2 attached to this Amendment. (z) Exhibit M in the books form of Exhibit M to this Amendment is hereby added as an Exhibit to the Loan Agreement. Upon not less than five (5) Business Days’ prior notice to the Borrower, Credit Agent may modify Exhibit M to conform to current legal requirements or the Credit Agent’s practices and, as so modified, such modified Exhibit will supersede the then form of Exhibit M and records become part of BorrowerLoan Agreement. (aa) The Authorized Persons as of the date of this Amendment are listed on Schedule 1 attached to this Amendment.

Special Representations and Warranties Concerning FHA Mortgage Loans. The Borrower represents and warrants to Credit the Agent and the Lenders, as of the date of this Agreement and as of the date of each Advance Request by the Borrower and the making of each Warehousing AdvanceAdvance to the Borrower, that: (a) 8.6.1 Each FHA-insured FHA Mortgage Loan included in the Pledged Loans meets all applicable governmental requirements for such insurance. Legal Requirements applicable to the insurance provided by FHA. 8.6.2 The Borrower has complied and will shall continue to comply with all laws, rules and regulations with respect to the FHA insurance of each Pledged Loan designated by Borrower as an FHA-insured FHA Mortgage Loan, and such insurance is and will continue to be in full force and effect. (b) 8.6.3 For FHA-insured each FHA Mortgage Loan included in the Pledged Loans that will be used to back Xxxxxx Xxx Mae Mortgage-backed Securities, the Borrower has received from Xxxxxx Mae the Confirmation Notice Xxx confirmation notices for Request of Additional Commitment Authority additional commitment authority and Confirmation Notice for Request of Pool Numberspool numbers, and there remains available under those agreements a commitment on the part of Xxxxxx Xxx Mae sufficient to permit the issuance of Xxxxxx Mae Xxx Mortgage-backed Securities in an amount at least equal to the amount of the Pledged Loans designated by the Borrower as the Mortgage Loans to be used to back those Xxxxxx Xxx Mae Mortgage-backed Securities; each of those Confirmation Notices confirmation notices is in full force and effect; each of those Pledged Loans has been assigned by the Borrower to one of those Pool Numbers pool numbers and a portion of the available Xxxxxx Mae Commitment Xxx commitment has been allocated to this Agreement by the Borrower, in an amount at least equal to those Pledged Loans; and each of those assignments and allocations has been reflected in the books and records of the Borrower.

Special Representations and Warranties Concerning FHA Mortgage Loans. The Borrower represents and warrants to Credit Agent and LendersLender, as of the date of each Advance Request and the making of each Warehousing Advance, that: (a) Each FHA-insured Mortgage Loan included in the Pledged Loans meets all applicable governmental requirements for such insurance. The Borrower has complied and will continue to comply with all laws, rules and regulations with respect to the FHA insurance of each Pledged Loan designated by the Borrower as an FHA-insured Mortgage Loan, and such insurance is and will continue to be in full force and effect. (b) For FHA-insured Pledged Loans that will be used to back Xxxxxx Xxx Mae Mortgage-backed Securities, the Borrower has received from Xxxxxx Mae Xxx the Confirmation Notice for Request of Additional Commitment Authority and Confirmation Notice for Request of Pool Numbers, and there remains available under those agreements a commitment on the part of Xxxxxx Xxx Mae sufficient to permit the issuance of Xxxxxx Mae Xxx Mortgage-backed Securities in an amount at least equal to the amount of the Pledged Loans designated by the Borrower as the Mortgage Loans to be used to back those Xxxxxx Xxx Mae Mortgage-backed Securities; each of those Confirmation Notices is in full force and effect; each of those Pledged Loans has been assigned by the Borrower to one of those Pool Numbers and a portion of the available Xxxxxx Mae Xxx Commitment has been allocated to this Agreement by the Borrower, in an amount at least equal to those Pledged Loans; and each of those assignments and allocations has been reflected in the books and records of the Borrower.

Special Representations and Warranties Concerning FHA Mortgage Loans. Each Borrower represents and warrants to Credit Agent Lender, as of the date of this Agreement and Lenders, as of the date of each Advance Request and the making of each Warehousing Advance, that: (a) Each FHA-insured Mortgage Loan included in the Pledged Loans meets all applicable governmental requirements for such insurance. Each Borrower has complied and will continue to comply with all laws, rules and regulations with respect to the FHA insurance of each Pledged Loan designated by such Borrower as an FHA-insured Mortgage Loan, and such insurance is and will continue to be in full force and effect. (b) For FHA-insured Pledged Loans that will be used to back Xxxxxx Xxx Mae Mortgage-backed Securities, Borrower has Borrowers have received from Xxxxxx Mae the Confirmation Notice Xxx confirmation notices for Request of Additional Commitment Authority any request for additional commitment authority and Confirmation Notice for Request of Pool Numbersrequest for pool numbers, and there remains available under those agreements a commitment on the part of Xxxxxx Xxx Mae sufficient to permit the issuance of Xxxxxx Mae Xxx Mortgage-backed Securities in an amount at least equal to the amount of the Pledged Loans designated by Borrower Borrowers as the Mortgage Loans to be used to back those Xxxxxx Xxx Mae Mortgage-backed Securities; each of those Confirmation Notices confirmation notices is in full force and effect; each of those Pledged Loans has been assigned by Borrower Borrowers to one of those Pool Numbers pool numbers and a portion of the available Xxxxxx Mae Commitment Xxx commitment authority has been allocated to the Pledged Loans designated by Borrowers as the Mortgage Loans to be funded by Advances under this Agreement by BorrowerBorrowers, in an amount at least equal to those Pledged Loans; and each of those assignments and allocations has been reflected in the books and records of Borrower.

Special Representations and Warranties Concerning FHA Mortgage Loans. Borrower represents and warrants to Credit Agent and LendersLender, as of the date of each Advance Request and the making of each Warehousing Advance, that: (a) Each FHA-insured Mortgage Loan included in the Pledged Loans meets all applicable governmental requirements for such insurance. Borrower has complied and will continue to comply with all laws, rules and regulations with respect to the FHA insurance of each Pledged Loan designated by Borrower as an FHA-insured Mortgage Loan, and such insurance is and will continue to be in full force and effect. (b) For FHA-insured Pledged Loans that will be used to back Xxxxxx Xxx Mae Mortgage-backed Securities, Borrower has received from Xxxxxx Mae Xxx the Confirmation Notice for Request of Additional Commitment Authority and Confirmation Notice for Request of Pool Numbers, and there remains available under those agreements a commitment on the part of Xxxxxx Xxx Mae sufficient to permit the issuance of Xxxxxx Mae Xxx Mortgage-backed Securities in an amount at least equal to the amount of the Pledged Loans designated by Borrower as the Mortgage Loans to be used to back those Xxxxxx Xxx Mae Mortgage-backed Securities; each of those Confirmation Notices is in full force and effect; each of those Pledged Loans has been assigned by Borrower to one of those Pool Numbers and a portion of the available Xxxxxx Mae Xxx Commitment has been allocated to this Agreement by Borrower, in an amount at least equal to those Pledged Loans; and each of those assignments and allocations has been reflected in the books and records of Borrower.