Eligible Loan means a Loan offered for sale or substituted by SLM ECFC under a Purchase Agreement which as of the Statistical Cutoff Date, in the case of the Initial Loans, or as of the related Subsequent Cutoff Date, in the case of any Additional Loan or Substituted Loan, is current or not more past due than permitted under such Purchase Agreement in payment of principal or interest and which meets the following criteria as of the Statistical Cutoff Date, in the case of the Initial Loans, or as of the effective date of the related Xxxx of Sale, in the case of any Additional Loan or Substituted Loan:
(i) is a Consolidation Loan;
(ii) is owned by SLM ECFC and is fully disbursed;
(iii) is guaranteed as to principal and interest by the applicable Guarantor to the maximum extent permitted by the Higher Education Act for such Loan;
(iv) bears interest at a stated rate of not less than the maximum rate permitted under the Higher Education Act for such Loan;
(v) is eligible for the payment of the quarterly special allowance at the full and undiminished rate established under the formula set forth in the Higher Education Act for such Loan;
(vi) if not yet in repayment status, is eligible for the payment of interest benefits by the Secretary or, if not so eligible, is a Loan for which interest either is billed quarterly to Borrower or deferred until commencement of the repayment period, in which case such accrued interest is subject to capitalization to the full extent permitted by the applicable Guarantor;
(vii) is current or no payment of principal or interest shall be more than 210 days past due as of the Statistical Cutoff Date, in the case of the Initial Loans, or in relation to any Additional Loan or Substituted Loan, the related Subsequent Cutoff Date;
(viii) the last disbursement was before the Statistical Cutoff Date, in the case of the Initial Loans, or before the Subsequent Cutoff Date, in the case of any Additional Loan or Substituted Loan;
(ix) is supported by the following documentation:
1. loan application, and any supplement thereto,
2. original promissory note and any addendum thereto (or a certified copy thereof if more than one loan is represented by a single promissory note and all loans so represented are not being sold) or the electronic records evidencing the same,
3. evidence of guarantee,
4. any other document and/or record which Funding may be required to retain pursuant to the Higher Education Act,
5. if applicable, payment history (or similar document) including (i) an indication of the Principal Balance and the date through which interest has been paid, each as of the Statistical Cutoff Date, in the case of the Initial Loans, or the related Subsequent Cutoff Date, in the case of any Additional Loan or Substituted Loan, and (ii) an accounting of the allocation of all payments by the Borrower or on the Borrower’s behalf to principal and interest on the Loan,
6. if applicable, documentation which supports periods of current or past deferment or past forbearance,
7. if applicable, a collection history, if the Loan was ever in a delinquent status, including detailed summaries of contacts and including the addresses or telephone numbers used in contacting or attempting to contact Borrower and any endorser and, if required by the Guarantor, copies of all letters and other correspondence relating to due diligence processing,
8. if applicable, evidence of all requests for skip-tracing assistance and current address of Borrower, if located,
9. if applicable, evidence of requests for pre-claims assistance, and evidence that the Borrower’s school(s) have been notified, and
10. if applicable, a record of any event resulting in a change to or confirmation of any data in the Loan file.
Eligible Loans has the meaning specified in any of the Purchase Agreements or the Sale Agreement, as applicable.
Eligible Loan Asset means, at any time, a Loan Asset in respect of which each of the representations and warranties contained in Section 4.02 and Schedule III hereto is true and correct.
Eligible area means a distressed area, a labor surplus area, an inner city area, or a situational distress area.
Streamlined Mortgage Loan A Mortgage Loan originated in connection with the refinance of a mortgage loan pursuant to the related Seller’s streamlined documentation program then in effect.
Eligible Mortgage Loan means a Mortgage Loan (including a Wet Funded Loan) with respect to which each of the following statements shall be accurate and complete (and Borrower, by including such Mortgage Loan in any computation of the Borrowing Base, shall be deemed to so represent and warrant to the Lenders as of the date of such computation):
Sevicer Loan Prod Code Rem Occp Code: Appr Value: Note Date: Debt Ratio: City: Stat Zip Purpose: Curr Rate: CLTV: Prin Bal: Maturity Lien Pos: 9096755 300 14 $124,000.00 $23,250.00 $122.72 724 0391721438 2 298 1 $155,000.00 6/10/2004 41 ROANOKE VA 24016 01 6.630 95 $22,890.33 6/10/2029 2 9114807 180 09 $225,200.00 $28,150.00 $208.22 633 0391726452 3 178 1 $283,000.00 6/10/2004 38 GLENDALE AZ 85308 01 9.000 90 $28,087.02 6/10/2019 2 9175781 180 09 $333,700.00 $43,400.00 762 0391751989 3 178 2 $419,000.00 6/10/2004 16 Pinetop AZ 85935 01 6.630 90 $42,400.00 6/10/2019 2 9141123 180 09 $220,900.00 $25,000.00 785 0391735503 3 178 1 $285,900.00 6/10/2004 37 Covington GA 30014 01 6.250 87 $24,922.19 6/10/2019 2 9114779 300 14 $212,000.00 $26,500.00 $139.88 663 0391726098 2 298 1 $275,000.00 6/10/2004 34 CITRUS CA 95621 01 7.500 87 $11,275.63 6/10/2029 2 9114211 180 14 $0.00 $50,000.00 769 0391746104 3 178 1 $110,000.00 6/10/2004 18 Phoenix AZ 85033 02 5.000 46 $37,500.00 6/10/2019 1 9096781 180 09 $134,400.00 $33,600.00 $248.54 698 0391721719 3 178 1 $168,051.00 6/10/2004 21 GIBSONTON FL 33534 01 7.630 100 $33,600.00 6/10/2019 2 9114767 180 14 $135,600.00 $57,300.00 $423.84 680 0391725975 3 178 1 $192,900.00 6/10/2004 50 RIVERTON UT 84065 02 8.500 100 $57,224.65 6/10/2019 2 9138257 300 14 $127,164.00 $23,843.00 725 0391737608 2 298 1 $158,955.00 6/10/2004 47 Fishers IN 46038 01 7.000 95 $23,702.55 6/10/2029 2 9141033 180 09 $112,900.00 $28,200.00 668 0391736105 3 178 1 $141,150.00 6/10/2004 38 Newnan GA 30263 01 9.000 100 $27,987.76 6/10/2019 2 9080415 180 09 $264,000.00 $49,500.00 771 0391724143 3 178 1 $330,000.00 6/10/2004 49 Glendale AZ 85308 01 6.630 95 $19,707.49 6/10/2019 2 9142995 180 14 $191,750.00 $35,950.00 782 0391749561 3 178 1 $239,700.00 6/10/2004 51 Spokane WA 99206 01 7.130 95 $35,462.28 6/10/2019 2 9114261 180 14 $140,000.00 $35,000.00 797 0391743531 3 178 1 $175,000.00 6/10/2004 48 Loveland CO 80537 01 7.250 100 $35,000.00 6/10/2019 2 9119079 180 14 $126,320.00 $15,790.00 $116.80 741 0391727765 3 178 2 $157,900.00 6/10/2004 24 GLENDALE AZ 85305 01 6.630 90 $15,709.47 6/10/2019 2 9132327 180 14 $148,000.00 $15,000.00 699 0391733854 3 178 1 $185,000.00 6/10/2004 28 Livonia MI 48150 01 6.750 89 $14,950.00 6/10/2019 2 9114011 180 14 $99,200.00 $18,600.00 666 0391752805 3 178 1 $125,000.00 6/10/2004 33 Glendale AZ 85303 01 8.500 95 $18,600.00 6/10/2019 2 9140705 300 14 $124,000.00 $31,000.00 773 0391737012 2 298 1 $156,000.00 6/10/2004 45 Cadillac MI 49601 02 7.250 100 $13,823.06 6/10/2029 2 9110859 180 RFC01 $123,200.00 $30,800.00 676 0391738648 3 178 1 $154,000.00 6/10/2004 33 Norcross GA 30071 01 9.000 100 $29,950.00 6/10/2019 2 9140843 180 14 $400,000.00 $65,000.00 775 0391737566 3 178 1 $830,000.00 6/10/2004 45 Oakland CA 94611 01 5.750 57 $64,837.50 6/10/2019 2 9131593 180 09 $332,000.00 $25,000.00 653 0391747102 3 178 1 $415,000.00 6/10/2004 36 Orlando FL 32836 01 8.750 87 $20,977.08 6/10/2019 2 9096763 180 14 $114,400.00 $28,600.00 $211.55 708 0391721503 3 178 1 $143,000.00 6/10/2004 28 ORION MI 48362 01 7.630 100 $28,459.83 6/10/2019 2
Ineligible Loan Each Loan other than an Eligible Loan.
Defective Mortgage Loan Any Mortgage Loan which is required to be repurchased pursuant to Section 2.02 or 2.03.
Eligible Real Property means the real property listed on Schedule 1.01(a) owned by a Loan Party (i) that is located in the United States of America and is acceptable to the Agent in its Permitted Discretion for inclusion in the Borrowing Base, (ii) in respect of which an appraisal report has been delivered to the Agent in form, scope and substance satisfactory to the Agent in its Permitted Discretion, (iii) in respect of which the Agent is satisfied that all actions necessary or desirable in order to create perfected first priority Lien on such real property have been taken, including the presentation or delivery of the Mortgage to a title insurance company for recording, provided that the title insurance company has issued its title insurance policy to the Agent pursuant to clause (v) below in a New York style closing, (iv) in respect of which a Phase I environmental review report has been completed and delivered to the Agent in form and substance satisfactory to the Agent in its Permitted Discretion and which does not indicate any pending, threatened or existing Environmental Liability, or non compliance with any Environmental Law (except to the extent that Reserves for any such Environmental Liability deemed adequate by the Agent in its Permitted Discretion exist), (v) which is adequately protected by fully-paid valid title insurance with endorsements and in amounts acceptable to the Agent, insuring that the Agent, for the benefit of the Lenders, has a perfected first priority Lien on such real property, evidence of which shall have been provided in form and substance satisfactory to the Agent in its Permitted Discretion, and (vi) if required by the Agent: (A) an ALTA survey reasonably acceptable to the Agent and the title insurance company has been delivered for which all necessary fees have been paid and which is dated no more than 90 days prior to the date on which the applicable Mortgage is executed and delivered to a title insurance company for recording, certified to Agent and the issuer of the title insurance policy in a manner satisfactory to the Agent in its Permitted Discretion by a land surveyor duly registered and licensed in the state in which such Eligible Real Property is located and acceptable to the Agent in its Permitted Discretion; (B) in respect of which local counsel in states in which the Eligible Real Property is located have delivered a letter of opinion with respect to the enforceability and perfection of the Mortgages and any related fixture filings in form and substance satisfactory to the Agent in its Permitted Discretion; and (C) in respect of which such Loan Party shall have used its reasonable best efforts to obtain estoppel certificates executed by all tenants of such Eligible Real Property and such other consents, agreements and confirmations of lessors and third parties have been delivered as the Agent may deem necessary or desirable in its Permitted Discretion, together with evidence that all other actions that the Agent may deem necessary or desirable in order to create perfected first priority Liens on the property described in the Mortgages have been taken.
Eligible Substitute Mortgage Loan With respect to a Mortgage Loan substituted by the Transferor for a Deleted Mortgage Loan, a Mortgage Loan which must, on the date of such substitution, (i) have a Principal Balance, (or, in the case of a substitution of more than one mortgage loan for a Deleted Mortgage Loan, an aggregate Principal Balance), not in excess of, and not more than 10% less than the Principal Balance of the Deleted Mortgage Loan; (ii) be accruing interest at a rate no lower than and not more than 1% per annum higher than, that of the Deleted Mortgage Loan; (iii) have a Loan-to-Value Ratio no higher than that of the Deleted Mortgage Loan; (iv) have a remaining term to maturity no greater than (and not more than one year less than that of) the Deleted Mortgage Loan; (v) comply with each representation and warranty set forth in Section 2.03 hereof; (vi) be the same credit grade category as the Deleted Mortgage Loan; (vii) have the same prepayment penalty term; and (viii) not be a Cooperative Mortgage Loan unless the Deleted Mortgage Loan was a Cooperative Mortgage Loan.
Purchased Mortgage Loans means the collective reference to Mortgage Loans together with the Repurchase Assets related to such Mortgage Loans transferred by Seller to Buyer in a Transaction hereunder, listed on the related Mortgage Loan Schedule attached to the related Transaction Request, which such Mortgage Loans the Custodian has been instructed to hold pursuant to the Custodial Agreement.
MERS Eligible Mortgage Loan Any Mortgage Loan that has been designated by the Servicer as recordable in the name of MERS.
Registered mortgage loan originator means any individual who:
Eligible land means private or Tribal land that NRCS has determined to meet the land eligibility requirements for ACEP-ALE (section 528.33) or ACEP-WRE (section 528.105).
Mortgage Loan Agreement means the Loan Agreement, dated as of February 14, 2020, between the Borrower, as borrowers, and the Original Lenders, as lender, as the same may be further amended, restated, supplemented or otherwise modified from time to time, subject to the terms hereof.
Park Sienna Mortgage Loans The Mortgage Loans identified as such on the Mortgage Loan Schedule for which Park Sienna is the applicable Seller.
Mortgaged Property shall have the meaning assigned to such term in the recitals.
Covered Mortgage Loan Any Mortgage Loan that is covered by a PMI Policy.
Sale and Servicing Agreement Collateral shall have the meaning set forth in Section 2.4.
Retained Mortgage Loan File A file for each Mortgage Loan maintained by the Servicer prior to any Document Transfer Date and by the Custodian after any Document Transfer Date that contains the documents specified in Section 2.01(b) of the Pooling and Servicing Agreement and any additional documents required to be added to the Retained Mortgage Loan File pursuant to the Pooling and Servicing Agreement.
Park Monaco Mortgage Loans The Mortgage Loans identified as such on the Mortgage Loan Schedule for which Park Monaco is the applicable Seller.
Securitization Property means the property described in section 10j.
Specially Designated Mortgage Loan Documents With respect to any Mortgage Loan, subject to Section 1.04, the following documents on a collective basis:
Borrowing Base Property means any one of the Borrowing Base Properties.
Streamlined Documentation Mortgage Loan Any Mortgage Loan originated pursuant to the Seller's Streamlined Loan Documentation Program then in effect.