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Exhibit 4.3
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CONVEYANCE AGREEMENT
Advanta Mortgage Corp. USA, Advanta Mortgage Conduit Services,
Inc., Advanta Mortgage Corp. Midwest, Advanta Mortgage Corp. Northeast, Advanta
Finance Corp., Advanta Bank Corp. and Advanta National Bank, (each, an
"Affiliated Originator"), and Advanta Conduit Receivables, Inc., as sponsor,
pursuant to the Mortgage Loan Transfer Agreement dated as of August 1, 1999 (the
"Transfer Agreement") among themselves and Bankers Trust Company of California,
N.A., as trustee (the "Trustee"), hereby confirm their understanding with
respect to the conveyance by each Affiliated Originator of those Mortgage Loans
listed on the attached Schedule of Mortgage Loans (the "Transferred Mortgage
Loans") to the Sponsor.
Conveyance of Transferred Mortgage Loans. Each Affiliated
Originator and the Sponsor, concurrently with the execution and delivery of this
Conveyance Agreement, does hereby irrevocably transfer, assign, set over and
otherwise convey, and does direct the Trustee to convey to the Sponsor and/or
the Advanta Mortgage Loan Trust, without recourse (except as otherwise
explicitly provided for herein) all of its right, title and interest in and to
the Transferred Mortgage Loans being conveyed by it, including specifically,
without limitation, the Mortgages (as such term is defined in the Pooling and
Servicing Agreement, dated as of August 1, 1999 (the "Pooling and Servicing
Agreement") among the Sponsor, the Master Servicer and the Trustee), the Files
and all other documents, materials and properties appurtenant thereto and the
Notes, including all interest accrued and principal received by such Affiliated
Originator on or with respect to such Transferred Mortgage Loans on or after the
related Cut-off Date, together with all of its right, title and interest in and
to the proceeds received on or after the related Cut-off Date of any related
Mortgage Insurance Policies.
If an Affiliated Originator cannot deliver the original
Mortgage or mortgage assignment with evidence of recording thereon concurrently
with the execution and delivery of this Conveyance Agreement solely because of a
delay caused by the public recording office where such original Mortgage or
mortgage assignment has been delivered for recordation, such Affiliated
Originator shall promptly deliver to the Trustee such original Mortgage or
mortgage assignment with evidence of recording indicated thereon upon receipt
thereof from the public recording official.
The costs relating to the delivery of the documents specified
in this Conveyance Agreement shall be borne by each Affiliated Originator.
The Affiliated Originators hereby make the Representations and
Warranties set forth in Section 5(b) of the Transfer Agreement with respect to
the Transferred Mortgage Loans.
The "Cut-off Date" with respect to such Transferred Mortgage
Loans shall be August 1, 1999.
All terms and conditions of the Transfer Agreement are hereby
incorporated herein, provided that in the event of any conflict the provisions
of this
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Conveyance Agreement shall control over the conflicting provisions of the
Transfer Agreement.
Terms capitalized herein and not defined herein shall have
their respective meanings as set forth in the Transfer Agreement.
[Remainder of Page Intentionally left Blank]
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IN WITNESS WHEREOF, the parties hereto have caused this
Conveyance Agreement to be duly executed by their respective officers, all as of
the 24th day of August, 1999.
ADVANTA MORTGAGE CORP. USA
ADVANTA MORTGAGE CONDUIT SERVICES, INC.
ADVANTA MORTGAGE CORP. MIDWEST
ADVANTA MORTGAGE CORP. NORTHEAST
ADVANTA FINANCE CORP.
ADVANTA NATIONAL BANK,
as Affiliated Originators
By: /s/ Xxxxxxx Xxxx
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Name: Xxxxxxx Xxxx
Title: Vice President
ADVANTA CONDUIT
RECEIVABLES, INC., as Sponsor
By: /s/ Xxxxxxx Xxxx
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Name: Xxxxxxx Xxxx
Title: Vice President
ADVANTA BANK CORP.,
as an Affiliated Originator
By: /s/ Xxxx Xxxxx
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Name: Mak Xxxxx
Title: Vice President
BANKERS TRUST COMPANY
OF CALIFORNIA, N.A., as Trustee
By: /s/ Xxxx XxXxxxx
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Name: Xxxx XxXxxxx
Title:
Conveyance Agreement
