Exhibit 10.6
MASTER COMMITMENT
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Seller/Servicer No.:
This Master Commitment (the "Commitment") is entered into as of April 14, 1999,
by and between Xxxxxxx Xxxxx Credit Corporation ("MLCC") and Westmark Mortgage
Corporation ("Seller"), 0000 Xxxxx Xxxxxxx Xxxxxxx, Xxxx Xxxxx, XX 00000. This
Commitment sets out the terms and provisions governing the sale of mortgage
loans by Seller to MLCC. All capitalized terms not otherwise defined herein
shall bear the meaning ascribed to them in the MLCC Seller Guide (the "Guide").
INCORPORATION BY REFERENCE
The Guide as amended, supplemented or otherwise modified from time to time, and
the Master Loan Purchase Agreement, are hereby incorporated and made a part of
this Commitment. Seller is bound by all conditions of the Guide and Master Loan
Purchase Agreement unless expressly modified by this Commitment or separate
written agreement.
AMOUNT OF COMMITMENT
The amount of this Commitment is $25 million.
TERM OF COMMITMENT
This Forward Commitment shall expire upon the fulfillment of the amount of
Commitment through the takedown of best efforts or mandatory commitments or
through the pair off of any term ARMs or fixed rate loans, whichever occurs
first. All loans sold under this Commitment must be committed and delivered to
MLCC in purchasable form on or before April 30, 2000.
TYPE OF COMMITMENTS
MLCC shall purchase from the Seller, Super ARM mortgage loans under the best
efforts commitment and fixed-rate and term ARMs under the mandatory commitment
programs, as referenced in the Guide.
PRODUCTS COVERED BY THIS COMMITMENT
Seller may sell and MLCC will purchase, pursuant to terms of the Guide, the
following types of mortgage loans under the following programs up to the dollar
limits specified:
o Super ARM, up to $5,000,000
o 30 year fully amortizing fixed rate, up to $5,000,000
o 15 year fully amortizing fixed rate, up to $5,000,000
o 5/1 Term and Interest Only ARM, up to $5,000,000
o 7/1 Term and Interest Only ARM, up to $5,000,000
o 10/1 Term and Interest Only ARM, up to $5,000,000
o Home Equity Lines of Credit, up to $500,000
o Loans secured by Mortgage 100SM guarantees for the following products:
(subject to availability; refer to state parameters for availability)
Super ARM, up to $5,000,000
30 year fully amortizing fixed rate, up to $5,000,000
15 year fully amortizing fixed rate, up to $5,000,000
o Loans secured by Parent Power(R) guarantees for the following products:
(subject to availability; refer to state parameters for available)
Super ARM, up to $5,000,000
30 year fully amortizing fixed rate, up to $5,000,000
15 year fully amortizing fixed rate, up to $5,000,000
Complete descriptions of these loan programs are included in the Guide.
PRIOR APPROVAL UNDERWRITING
Seller may request MLCC to approve loans intended for delivery to MLCC prior to
commitment in accordance with the Guide. All loans shall be underwritten and
delivered to MLCC or its designee in accordance with the terms and conditions of
this Commitment, the Master Loan Purchase and Sale Agreement and the Guide.
APPRAISALS
MLCC agrees to waive the related Representations and Warranties in Subchapter
2.2, Section 101 (xxi) of the Guide for Loans that are accompanied by appraisals
prepared by approved appraisers engaged by Lender's Service, Inc. ("LSI").
UNDERWRITING FEE
MLCC will charge the Seller $125 for all loans underwritten under the prior
approval program. The Underwriting Fee will accrue and be billed monthly by
MLCC.
PRICING
Pricing for a particular loan or commitment is based on Standard Pricing.
Standard Pricing is defined as that pricing that is posted on the daily
Correspondent Lending Program Daily Pricing Matrix provided to the Seller on a
daily basis. Daily pricing will typically be available by 12:00 EST. Prior to
the updated pricing becoming available, MLCC will honor prices from the prior
day. Significant market fluctuations may cause MLCC to update its prices more
than one time during the day.
SERVICING RIGHTS
Seller agrees to sell MLCC the servicing rights related to this Commitment on a
loan-by-loan basis. MLCC will pay the prices indicated on the daily
Correspondent Lending Program Daily Pricing Matrix. Payment of the servicing
rights from MLCC to the Seller will be made at the time the purchase of the loan
is funded.
CREDIT FILE
The Credit File, if applicable, will be delivered to MLCC at 0000 Xxxx Xxxx
Xxxxx Xxxx, Xxxxxxxxxxxx, Xxxxxxx 00000-0000, c/o Xxxxx X. Xxxxxx, and
underwriting approval will be required for each Mortgage Loan without a Pool
Certification. The Credit File will contain those documents required by the
Guide. The MLCC underwriter will review each Credit File and will notify the
Seller of its approval.
DELIVERY FILE
The Delivery File shall be delivered to MLCC at 0000 Xxxx Xxxx Xxxxx Xxxx,
Xxxxxxxxxxxx, Xxxxxxx 00000-0000, c/o Xxxxx X. Xxxxxx, within 15 days of the
Closing Date but in no event later than the expiration date of the related
mandatory Commitment Confirmation. The Seller shall attach a copy of the
Delivery Schedule. The Seller shall identify each loan on the Delivery Schedule
by MLCC Loan Numbers. The Delivery File shall contain those documents required
by the Guide.
SERVICING FILE
The Servicing File shall be delivered to MLCC at 0000 Xxxx Xxxx Xxxxx Xxxx,
Xxxxxxxxxxxx, Xxxxxxx 00000-0000, c/o Xxxxx X. Xxxxxx, within 15 days of the
closing date but in no event later than the expiration date of the related
Commitment Confirmation.
The Seller shall attach a copy of the Delivery Schedule. The Seller shall
identify each loan on the schedule by MLCC Loan Numbers. The Servicing File
shall contain those documents required by the Guide.
AMENDMENTS
Except as otherwise provided herein, this Commitment may not be amended,
modified or supplemented except in writing signed by both parties.
SELLER COMPLIANCE
Each Mortgage must be executed by the Mortgagor, acknowledged and recorded. The
Seller shall endorse each Mortgage note to MLCC and shall prepare an Assignment
of Mortgage from Seller to MLCC, in accordance with the requirements of the
Guide.
TERMINATION OF CONTRACT
MLCC may at its option immediately terminate this Commitment and any related
takedown commitments, and all obligations thereunder, if any Event of
Seller/Servicer Default or Breach of Representations or Warranties occurs and is
not remedied by Seller/Servicer in accordance with the terms of the Guide.
Kindly acknowledge your consent to the terms of this letter by signing and
returning to us the enclosed duplicate copy.
XXXXXXX XXXXX CREDIT CORPORATION
By: /s/ Xxxxxx X. Xxxxxxxx Date: 4/22/99
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Name: Xxxxxx X. Xxxxxxxx
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Title: Senior Vice President
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WESTMARK MORTGAGE CORPORATION
By: /s/ Xxxxxx Story, III Date: 4/19/99
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Name: Xxxxxx Story, III
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Title: President
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