FORM OF LOAN SERVICE AGREEMENT
EXHIBIT
10.7
FORM OF LOAN SERVICE
AGREEMENT
THIS
AGREEMENT made this __ day of ____________, _____, by and between,
HOME FEDERAL SAVINGS & LOAN ASSOCIATION, SHREVEPORT, LOUISIANA,
herein represented by Xxxxxx X. Xxxxxxx, President & CEO
(hereinafter referred to as INVESTOR) and PRIORITY ONE MORTGAGE CORPORATION,
FAYETTEVILLE, ARKANSAS, herein represented by X. X. Xxxx, President,
(hereinafter referred to as PRIORITY)
WITNESSETH:
1.
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INVESTOR
desires to purchase and PRIORITY desires to sell certain loans which are
the property of PRIORITY and this agreement is made to set forth the full
agreement between the parties as to all loans which may hereafter be
purchased by INVESTOR from
PRIORITY.
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2.
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INVESTOR
is not obligated to purchase any loans from PRIORITY and PRIORITY is not
obligated to sell any loans to INVESTOR, but this agreement shall cover
all purchases and sales so made.
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3.
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All
loan papers so purchased shall be assigned to INVESTOR with full recourse
upon PRIORITY. The recourse provision is non-assignable and
non-transferable to any other investor or government agency without prior
written consent from PRIORITY. PRIORITY will retain servicing on all
loans.
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4.
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The
first mortgage notes will be purchased by INVESTOR at PAR. The yield to
INVESTOR will be the ________________________________
rate. Beginning _________, _____, the Pass Thru Rate will be
adjusted in _________ and _____ of each year, on the schedule date, based
on the _______ rate as of ___________ and ______
respectively. In no event will the net yield to INVESTOR be
less than ____% or above ___%. All calculations will be based on a 360 day
calendar year (30 days per month). The first schedule date will be
___________, ____.
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5.
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Payment
will be made to INVESTOR on a monthly basis, PRIORITY will have a five (5)
day grace period from the due date until the monthly payment is received
by INVESTOR.
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6.
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PRIORITY
shall service all loans and in so doing shall make all collections, shall
make certain that all improvements covered by said mortgage are and remain
covered by fire and extended coverage insurance and that all real estate
taxes are paid and shall perform all other services normally performed by
a servicing agent.
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7.
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INVESTOR
shall have physical possession of:
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(a)
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Assignment
of Mortgage with recourse in recordable
form
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(b)
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Original
Note
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(c)
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Original
Mortgage executed by maker and properly
recorded
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(d)
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Attorney's
Opinion or Title Insurance, showing maker has valid and merchantable title
and PRIORITY'S mortgage to be a first and valid
lien
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(e)
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Credit
Report
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(f)
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Fire
and Extended Coverage Insurance Policy or Certificate of
Insurance
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(g)
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Truth
in Lending Disclosure Statement
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(h)
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Home
Loan Application
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(i)
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Survey
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(j)
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Appropriate
evaluation of real property by an independent and qualified appraiser. The
loan balance will not exceed 90% of appraised
value.
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8.
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PRIORITY
shall transmit all loan payments received on said loans, less service
charges, to INVESTOR and shall furnish a schedule showing the account
number and name of each borrower, beginning balance owed on each loan,
payments received, and unpaid
balance.
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9.
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If
any loan becomes over 90 days past due, PRIORITY will repurchase it
without a prepayment penalty being assessed by INVESTOR by paying to
INVESTOR the Ending Principal Balance then owing on the loan plus accrued
interest at the current Pass Thru Rate, or substitute another loan for it.
If a loan is in bankruptcy, then it must be repurchased when it becomes
over 180 days past due. INVESTOR is not obligated to accept any
substituted loan and may demand that any loan be repurchased for cash.
PRIORITY may repurchase any loan at any time at its option on the same
terms and conditions as required
repurchases.
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10.
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PRIORITY
and INVESTOR hereby agree that it will be advantageous to permit
prepayments of the balance owing on any loan and in the event of such a
prepayment which may be voluntary on the part of the borrower or would be
involuntary as a result of a catastrophe to the property such as fire,
windstorm, tornado, or other similar loss; which, in the event of such a
prepayment, PRIORITY shall repurchase it by paying to INVESTOR the Ending
Principal Balance then owing on the loan plus accrued interest at the
current Pass Thru Rate, or at PRIORITY'S option, substitute another loan
for it. INVESTOR is not obligated to accept any substituted loan and may
demand that any prepayments of the balance of a loan be repurchased for
cash.
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HOME
FEDERAL SAVINGS & LOAN ASSOC.
SHREVEPORT,
LOUISIANA
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PRIORITY
ONE MORTGAGE CORP.
FAYETTEVILLE,
ARKANSAS
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By:
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By:
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Xxxxxx
X. Xxxxxxx
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X.X.
Xxxx
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President
& CEO
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President
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