Attention. Please endorse the notes as follows: Please ship the loan documents either by ____________________ or by such other courier service as we have designated to you as "approved". The courier shall act as an independent contractor bailee acting solely on your behalf as Collateral Agent for the Secured Parties (as defined in that certain Second Amended and Restated Security and Collateral Agency Agreement dated as of November 12, 1996, as the same may be amended, extended or replaced from time to time), but we acknowledge and agree that you are not responsible for any delays in shipment caused by courier or any other actions or inactions of the courier, including, without limitation, any loss of any loan documents; however, because the Commitment expires on _______________, 199_, we ask that you deliver the loan documents to the courier no later than _______________, 199_. Please have the courier bill ▇▇ by using our acct #__________. If you should have any questions, or should feel the need for additional documentation, please do not hesitate to call _______________. [SOURCE ONE MORTGAGE SERVICES CORPORATION, a Delaware corporation] [THE MORTGAGE AUTHORITY, a Delaware corporation] [CENTRAL PACIFIC MORTGAGE COMPANY, a California corporation] By:________________________________ Name:______________________________ Title:_____________________________ EXHIBIT 4 TO SECURITY AGREEMENT (Direct Investor) Date:____________ Name of Delivery Service:____________________________________ Airbill No.:____________________ FORM OF WHOLE LOAN SALE TRANSMITTAL LETTER [LETTERHEAD OF COLLATERAL AGENT] [Approved Investor] _________________________ _________________________ Re: Source One Mortgage Services Corporation; Sale of Mortgage Loans Attached please find those Mortgage Loans listed separately on the attached schedule, which Mortgage Loans are owned by SOURCE ONE MORTGAGE SERVICES CORPORATION (the "Company"), THE MORTGAGE AUTHORITY, ("TMA"), a wholly-owned subsidiary of the Company, or CENTRAL PACIFIC MORTGAGE COMPANY ("CPM"), a wholly-owned subsidiary of the Company, and are being delivered to you for purchase. The Mortgage Loans comprise a portion of the Collateral under (and as the term "Collateral" and capitalized terms not otherwise defined herein are defined in) that certain Second Amended and Restated Revolving Credit Agreement dated as of November __, 1996 by and among the Company, TMA, CPM, The First National Bank of Chicago, as Agent, and the Lenders thereunder. Each of the Mortgage Loans is subject to a security interest in favor of National City Bank of Kentucky (the "Collateral Agent") on behalf of the Secured Parties which security interest shall be automatically released upon your remittance of the full amount of the purchase price of such Mortgage Loan (as set forth on the schedule attached hereto) by wire transfer to the following account: WIRE INSTRUCTIONS TO SETTLEMENT ACCOUNT: _________________________ _________________________ _________________________ Pending your purchase of each Mortgage Loan and until payment therefor is received, the aforesaid security interest therein will remain in full force and effect, and you shall hold possession of such Collateral and the documentation evidencing same as custodian, agent and bailee for and on behalf of the Secured Parties. In the event any Mortgage Loan is unacceptable for purchase, return the rejected item directly to the Collateral Agent at the address set forth below. The Mortgage Loan must be so returned or sales proceeds remitted in full no later than [forty-five (45) days][UNLESS DELIVERED TO A GOVERNMENT HOUSING PROGRAM WHICH IS NOT A FEDERAL AGENCY] [seventy-five (75) days][IN THE CASE OF DELIVERY TO A GOVERNMENT HOUSING WHICH IS NOT A FEDERAL AGENCY] from the date hereof. In no event shall any Mortgage Loan be returned or sales proceeds remitted to the Company, TMA or CPM. If you are unable to comply with the above instructions, please so advise the undersigned immediately.
Appears in 1 contract
Sources: Security and Collateral Agency Agreement (Source One Mortgage Services Corp)
Attention. Please endorse the notes as follows: Please ship the loan documents either by ____________________ or by such other courier service as we have designated to you as "approved". The courier shall act as an independent contractor bailee acting solely on your behalf as Collateral Agent for the Secured Parties (as defined in that certain Second Third Amended and Restated Security and Collateral Agency Agreement dated as of November 12___________, 19962003, as the same may be amended, extended or replaced from time to time), but we acknowledge and agree that you are not responsible for any delays in shipment caused by courier or any other actions or inactions of the courier, including, without limitation, any loss of any loan documents; however, because the Commitment expires on _______________, 199200_, we ask that you deliver the loan documents to the courier no later than _______________, 199200_. Please have the courier bill ▇▇▇▇ us by using our acct #__________. If you should have any questions, or should feel the need for additional documentation, please do not hesitate to call _______________. [SOURCE ONE PULTE MORTGAGE SERVICES CORPORATIONLLC, a Delaware corporation] [THE MORTGAGE AUTHORITY, a Delaware corporation] [CENTRAL PACIFIC MORTGAGE COMPANY, a California corporation] limited liability company By:________________________________ Name:______________________________ Title:_____________________________ EXHIBIT 4 TO SECURITY AGREEMENT (Direct Investor) Date:________________ Name of Delivery Service:____________________________________ Airbill No.:____________________ FORM OF WHOLE LOAN SALE TRANSMITTAL LETTER [LETTERHEAD OF COLLATERAL AGENT] [Approved Investor] _________________________ _________________________ Re: Source One Mortgage Services Corporation; Sale of Mortgage Loans Attached please find those Mortgage Loans listed separately on the attached schedule, which Mortgage Loans are owned by SOURCE ONE MORTGAGE SERVICES CORPORATION (the "Company"), THE MORTGAGE AUTHORITY, ("TMA"), a wholly-owned subsidiary of the Company, or CENTRAL PACIFIC MORTGAGE COMPANY ("CPM"), a wholly-owned subsidiary of the Company, and are being delivered to you for purchase. The Mortgage Loans comprise a portion of the Collateral under (and as the term "Collateral" and capitalized terms not otherwise defined herein are defined in) that certain Second Amended and Restated Revolving Credit Agreement dated as of November __, 1996 by and among the Company, TMA, CPM, The First National Bank of Chicago, as Agent, and the Lenders thereunder. Each of the Mortgage Loans is subject to a security interest in favor of National City Bank of Kentucky (the "Collateral Agent") on behalf of the Secured Parties which security interest shall be automatically released upon your remittance of the full amount of the purchase price of such Mortgage Loan (as set forth on the schedule attached hereto) by wire transfer to the following account: WIRE INSTRUCTIONS TO SETTLEMENT ACCOUNT: _________________________ _________________________ _________________________ Re: Pulte Mortgage LLC; Pulte Funding, Inc. Sale of Mortgage Loans Attached please find those Mortgage Loans listed separately on the attached schedule, which Mortgage Loans are owned by PULTE MORTGAGE LLC ("PMC") and/or PULTE FUNDING, INC. ("PFI") and are being delivered to you for purchase. The Mortgage Loans comprise a portion of the collateral under that certain Fourth Amended and Restated Revolving Credit Agreement dated as of March 31, 2003 by and among PMC, Bank One, NA, as Agent, and the lenders named therein and that certain Amended and Restated Loan Agreement dated as of August ___, 2002 among PMC, PFI, Credit Lyonnais New York Branch, as Agent and the lenders named therein (collectively, the "Secured Parties"). Each of the Mortgage Loans is subject to a security interest in favor of the undersigned (the "Collateral Agent") on behalf of the Secured Parties, which security interest shall be automatically released upon your remittance of the full amount of the purchase price of such Mortgage Loans (as set forth on the schedule attached hereto) by wire transfer to the following account: WIRE INSTRUCTIONS TO CASH AND COLLATERAL ACCOUNT Bank One, N.A ABA 071-00-0013 DDA# 1928368 Ref: Pulte Pending your purchase of each Mortgage Loan and until payment therefor is received, the aforesaid security interest therein will remain in full force and effect, and you shall hold possession of such Collateral and the documentation evidencing same as custodian, agent and bailee for and on behalf of the Secured Parties. In the event any Mortgage Loan is unacceptable for purchase, return the rejected item directly to the Collateral Agent at the address set forth below. The Mortgage Loan must be so returned or sales proceeds remitted in full no later than [forty-five (45) days][UNLESS DELIVERED TO A GOVERNMENT HOUSING PROGRAM WHICH IS NOT A FEDERAL AGENCY] [seventy-five (75) days][IN THE CASE OF DELIVERY TO A GOVERNMENT HOUSING WHICH IS NOT A FEDERAL AGENCY] calendar days from the date hereof. In no event shall any Mortgage Loan be returned to or sales proceeds remitted to the Company, TMA PMC or CPMPFI. If you are unable to comply with the above instructions, please so advise the undersigned immediately.
Appears in 1 contract
Sources: Security and Collateral Agency Agreement (Pulte Homes Inc/Mi/)
Attention. Please endorse the notes as follows: Please ship the loan documents either by _______________________ or by such other courier service as we have designated to you as "approved". The courier shall act as an independent contractor bailee acting solely on your behalf as Collateral Agent for the Secured Parties Lenders (as defined in that certain Second Amended and Restated Security and Collateral Agency Agreement dated as of November 12August 23, 19962002, as the same may be amended, extended or replaced from time to time), but we acknowledge and agree that you are not responsible for any delays in shipment caused by courier or any other actions or inactions inaction of the courier, including, without limitation, any loss of any loan documents; however, because the Commitment expires on _______________, 199200_, we ask that you deliver the loan documents to the courier no later than _______________, 199200_. Please have the courier bill ▇▇ by using our acct #__________PULTE FUNDING, INC. If you should have any questions, or should feel the need for additional documentation, please do not hesitate to call _______________. [SOURCE ONE MORTGAGE SERVICES CORPORATION, a Delaware corporation] [THE MORTGAGE AUTHORITY, a Delaware corporation] [CENTRAL PACIFIC MORTGAGE COMPANY, a California corporation] By:________________________________ Name:______________________________ Title:_____________________________ D5A(b)-1 EXHIBIT 4 TO D-6(a) BAILEE AND SECURITY AGREEMENT (Direct LETTER FOR APPROVED INVESTORS DATE: [Investor) Date:____________ Name of Delivery Service:____________________________________ Airbill No.:____________________ FORM OF WHOLE LOAN SALE TRANSMITTAL LETTER [LETTERHEAD OF COLLATERAL AGENT's Name] [Approved Investor's Address] _________________________ _________________________ Re: Source One Mortgage Services Corporation; Pulte Funding, Inc.: Sale of Mortgage Loans Attached please find those Mortgage Loans listed separately on the attached schedule, which Mortgage Loans are owned by SOURCE ONE MORTGAGE SERVICES CORPORATION PULTE FUNDING, INC. (the "Company"), THE MORTGAGE AUTHORITY, ("TMA"), a wholly-owned subsidiary of the Company, or CENTRAL PACIFIC MORTGAGE COMPANY ("CPM"), a wholly-owned subsidiary of the Company, ) and are being delivered to you for purchase. The Mortgage Loans comprise a portion of the Collateral under (and as the term "Collateral" and capitalized terms not otherwise defined herein are defined in) that certain Second Amended and Restated Revolving Credit Loan Agreement dated entered into as of November __August 23, 1996 by and 2002 among the CompanyBorrower, TMAthe Issuers parties thereto, CPMthe Managing Agents parties thereto, The First National Bank of Chicagothe Banks parties thereto, Credit Lyonnais New York Branch, in its capacity as administrative agent for the "Lenders" (as defined therein) (in such capacity, the "Administrative Agent"), and the Lenders PULTE MORTGAGE CORPORATION, in its capacity as servicer thereunder. Each of the Mortgage Loans is subject to a security interest in favor of National City Bank of Kentucky (the "Collateral Agent") Administrative Agent on behalf of the Secured Parties Parties, which security interest shall be automatically released upon your remittance of the full amount of the purchase price of such Mortgage Loan (as set forth on the schedule attached hereto) by wire transfer to the following account: WIRE INSTRUCTIONS TO SETTLEMENT THE CASH & COLLATERAL ACCOUNT: _________________________ _________________________ _________________________ Account Number ▇▇▇▇▇▇▇ with Bank One, NA, ABA# ▇▇▇▇▇▇▇▇▇ Pending your purchase of each Mortgage Loan and until payment therefor is received, the aforesaid security interest therein will remain in full force and effect, and you shall hold possession of such Collateral and the documentation evidencing same as custodian, agent and bailee for and on behalf of the Secured Parties. In the event any Mortgage Loan is unacceptable for purchase, return the rejected item directly to the Collateral Agent at the address set forth below. The Mortgage Loan must be so returned or sales proceeds remitted in full no later than [forty-five (45) days][UNLESS DELIVERED TO A GOVERNMENT HOUSING PROGRAM WHICH IS NOT A FEDERAL AGENCY] [seventy-five (75) days][IN THE CASE OF DELIVERY TO A GOVERNMENT HOUSING WHICH IS NOT A FEDERAL AGENCY] calendar days from the date hereof. In no event shall any Mortgage Loan be returned to or sales proceeds remitted to the Company, TMA or CPM. If you are unable to comply with the above instructions, please so advise the undersigned immediately.
Appears in 1 contract
Attention. Please endorse the notes as follows: Please ship the loan documents Loan Documents either by _________________________ or by such other courier service as we have designated to you as "approved"specifically approved in writing. The courier shall act as an independent contractor bailee acting solely on your behalf as Collateral Agent for the Secured Parties (as defined in that certain Second Amended and Restated Security and Collateral Agency Agreement dated as of November 12, 1996, as the same may be amended, extended or replaced from time to time), but we acknowledge and agree that you You are not responsible for any delays in shipment caused by courier or any other actions or inactions of the courier, including, without limitation, any loss of any loan documents; however. However, because the Commitment commitment expires on _________________________, 19919___, we ask that you deliver the loan documents Loan Documents to the courier no later than _________________________, 19919___. Please have the courier bill ▇▇ by using our acct #account no. _______________. If you should have any questions, or should feel the need for additional documentation, please do not hesitate to call _________________________. [SOURCE ONE MORTGAGE SERVICES CORPORATION__________________________________________, a Delaware corporation] [THE MORTGAGE AUTHORITY, a Delaware corporation] [CENTRAL PACIFIC MORTGAGE COMPANY, a California corporation] ____________________ corporation By:_______________________________________ Name:______________________________ Title:_____________________________ EXHIBIT 4 TO SECURITY AGREEMENT (Direct Investor) Date:____________ Name of Delivery ServiceTitle:____________________________________ Airbill EXHIBIT "D" Page 67 76 EXHIBIT "E" TRUST RECEIPT Trust Receipt No.:____________________ FORM OF WHOLE LOAN SALE TRANSMITTAL LETTER [LETTERHEAD OF COLLATERAL AGENT] [Approved Investor] _________________________ _________________________ Re: Source One Mortgage Services Corporation; Sale of Mortgage Loans Attached please find those Mortgage Loans listed separately on the attached schedule_, which Mortgage Loans are owned by SOURCE ONE MORTGAGE SERVICES CORPORATION (the "Company"), THE MORTGAGE AUTHORITY, ("TMA"), a wholly-owned subsidiary of the Company, or CENTRAL PACIFIC MORTGAGE COMPANY ("CPM"), a wholly-owned subsidiary of the Company, and are being delivered to you for purchase. The Mortgage Loans comprise a portion of the Collateral under (and as the term "Collateral" and capitalized terms not otherwise defined herein are defined in) that certain Second Amended and Restated Revolving Credit Agreement dated as of November 19__, 1996 by and among the Company, TMA, CPM, _ The First National Bank of Chicago, as Agent, and the Lenders thereunder. Each of the Mortgage Loans is subject to a security interest in favor of National City Bank of Kentucky (the "Collateral Agent") on behalf of the Secured Parties which security interest shall be automatically released upon your remittance of the full amount of the purchase price of such Mortgage Loan (as set forth on the schedule attached hereto) by wire transfer to the following account: WIRE INSTRUCTIONS TO SETTLEMENT ACCOUNT: undersigned,_________________________ _________________________ , a ____________________corporation (the "Company"), acknowledges receipt from Bank United, a federal savings bank ("Lender"), pursuant to that certain Warehousing Credit and Security Agreement (Single-Family Mortgage Loans) dated effective as of April _____ Pending your purchase of each Mortgage Loan _, 1999, by and until payment therefor is receivedamong the Company, (the aforesaid security interest therein will remain in full force and effectother Borrower) , and you shall hold Lender (the "Agreement"), of the following described property (the "Trust Property"), possession of such Collateral and the documentation evidencing same as custodian, agent and bailee for and on behalf of the Secured Parties. In the event any Mortgage Loan which is unacceptable for purchase, return the rejected item directly herewith entrusted to the Collateral Agent at Company for the address purposes set forth below. The : Mortgage Loan must No. Note Amount: Obligor: Purpose: [Specify nature of clerical or other documentation problem to be so returned or sales corrected.] The Company hereby acknowledges that a security interest in the Trust Property and in the proceeds remitted in full no later than [forty-five (45) days][UNLESS DELIVERED TO A GOVERNMENT HOUSING PROGRAM WHICH IS NOT A FEDERAL AGENCY] [seventy-five (75) days][IN THE CASE OF DELIVERY TO A GOVERNMENT HOUSING WHICH IS NOT A FEDERAL AGENCY] from of the date hereofTrust Property has been granted to the Lender pursuant to the Agreement. In no event shall any Mortgage Loan be returned or sales proceeds remitted consideration of the delivery of the Trust Property by the Lender to the Company, TMA the Company hereby agrees to hold the Trust Property in trust for the Lender as provided under and in accordance with all provisions of the Agreement and to return the Trust Property to the Lender no later than the close of business on the tenth day following the date hereof or, if such day is not a Business Day, on the following Business Day. The Company further agrees that the aggregate Collateral Value of Single-family Mortgage Loans with respect to which notes or CPMother documentation has been released under trust receipts, does not exceed $500,000.00. If you are unable , ------------------------------------------- a -------------------- By: --------------------------------------- Name: ------------------------------------- Title: ------------------------------------ Delivery to comply Company Acknowledged BANK UNITED By: --------------------------- Name: ------------------------- Title: ------------------------ EXHIBIT "E" Page 68 77 The undersigned, acknowledges that the above-mentioned Trust Property has been returned to the Lender on __________________, 19___. BANK UNITED By: ---------------------------------------- Name: -------------------------------------- Title: ------------------------------------- EXHIBIT "E" Page 69 78 EXHIBIT "F" OFFICER'S CERTIFICATE COMPANY: HANOVER CAPITAL MORTGAGE HOLDINGS, INC. LENDER: BANK UNITED DATE: ----------------------------------------- REPORTING PERIOD: ended , 199 -------------------- ------------------ --- This certificate is delivered to Lender under the Warehousing Credit and Security Agreement dated effective as of April _____, 1999, among Borrowers, and Lender (the "Agreement"), all the defined terms of which have the same meanings when used herein. The undersigned officer hereby certifies that: (a) I am, and at all times mentioned herein have been, the duly elected, qualified, and acting officer of the Company designated below; (b) to the best of my knowledge, the Financial Statements of the Company for the period shown above (the "Reporting Period") and which accompany this certificate were prepared in accordance with GAAP and present fairly the financial condition of the Company as of the end of the Reporting Period and the results of their operations for the Reporting Period; (c) a review of the Agreement and of the activities of the Company during the Reporting Period has been made under my supervision with a view to determining the Company's compliance with the above instructionscovenants, please so advise requirements, terms, and conditions of the undersigned immediatelyAgreement, and such review has not disclosed the existence during or at the end of the Reporting Period (and I have no knowledge of the existence as of the date hereof) of any Event of Default or Default, except as disclosed on ANNEX "A" hereto (which specifies the nature and period of existence of each Event of Default or Default, if any, and what action the Company has taken, is taking, and propose to take with respect to each); (d) the calculations described on the attached ANNEX "A" evidence that the Company is in compliance with the requirements of Sections 7.4, 7.5, 7.6, 7.7, and 7.8 of the Agreement at the end of the Reporting Period (or if the Company is not in compliance, showing the extent of non-compliance and specifying the period of non-compliance and what actions the Company proposes to take with respect thereto; (e) the Company was, as of the end of the Reporting Period, in compliance and good standing with applicable FNMA, GNMA, FHLMC, and HUD net worth requirements. HANOVER CAPITAL MORTGAGE HOLDINGS, INC., a Maryland corporation By ---------------------------------------- Name: ------------------------------------- Title: ------------------------------------ EXHIBIT "F" Page 70 79 ANNEX "A" TO EXHIBIT "F" BORROWERS: HANOVER CAPITAL MORTGAGE HOLDINGS, INC. REPORTING PERIOD: -------------------------------------------- All financial calculations set forth herein are as of the Reporting Period.
Appears in 1 contract
Sources: Warehousing Credit and Security Agreement (Hanover Capital Mortgage Holdings Inc)
Attention. Please endorse the notes as follows: Please ship the loan documents either by [ ] or by such other courier service as we have designated to you as "approved." You are not responsible for any delays in shipment or any other actions or inactions of the courier; HOWEVER, because the commitment expires on, ____________________ or by such other courier service as we have designated to you as "approved". The courier shall act as an independent contractor bailee acting solely on your behalf as Collateral Agent for the Secured Parties (as defined in that certain Second Amended and Restated Security and Collateral Agency Agreement dated as of November 12, 1996, as the same may be amended, extended or replaced from time to time), but we acknowledge and agree that you are not responsible for any delays in shipment caused by courier or any other actions or inactions of the courier, including, without limitation, any loss of any loan documents; however, because the Commitment expires on _______________, 199_, we ask that you deliver the loan documents to the courier no later than _________________________, 199____. Please have the courier bill ▇▇ by using our acct account #_______________________. If you should have any questions, or should feel the need for additional documentation, please do not hesitate to call _______________. [SOURCE ONE MORTGAGE SERVICES CORPORATION, a Delaware corporation] [THE MORTGAGE AUTHORITY, a Delaware corporation] [CENTRAL PACIFIC HONOLULU MORTGAGE COMPANY, a California corporation] INC. By:_______: _________________________ Name:_______: _______________________ Title:_____________________________ EXHIBIT 4 ATTACHMENT 7-B -------------- TO SECURITY AGREEMENT (Direct Investor) Date:____________ Name of Delivery Service:____________________________________ Airbill No.:____________________ FORM OF WHOLE LOAN SALE --------------------- [Collateral Agent Letterhead] TRANSMITTAL LETTER ------------------ (During Negative Security Period) [LETTERHEAD OF COLLATERAL AGENTApproved Investor Name] [Approved InvestorAddress] _________________________ _________________________ Attn: Re: Source One Mortgage Services Corporation; Sale :Purchase of Mortgage Loans from Honolulu Mortgage Company. Inc. ------------------------------- Ladies and Gentlemen: Attached please find those Mortgage Loans listed separately on the attached schedule, which Mortgage Loans are owned by SOURCE ONE MORTGAGE SERVICES CORPORATION Honolulu Mortgage Company, Inc. (the "Company"), THE MORTGAGE AUTHORITY, ("TMA"), a wholly-owned subsidiary of the Company, or CENTRAL PACIFIC MORTGAGE COMPANY ("CPM"), a wholly-owned subsidiary of the Company, ) and are being delivered to you for purchase. The Mortgage Loans comprise constitute a portion of the Collateral under (and as the term "Collateral" and capitalized terms not otherwise defined herein hereunder are defined in) that certain Second the Amended and Restated Revolving Credit Security and Collateral Agency Agreement (as amended, supplemented or otherwise modified from time to time, the "Agreement"), dated as of November __January 31, 1996 1997, by and among the CompanyGrantor, TMAThe Chase Manhattan Bank, CPMas Administrative Agent, and The First National Bank of ChicagoBoston, as Collateral Agent (the "Collateral Agent, and the Lenders thereunder"). Each of the Mortgage Loans is subject to a security interest in favor of National City Bank of Kentucky (the "Collateral Agent") on behalf Agent for the benefit of the Secured Parties Parties, which security interest shall be automatically released upon your remittance our receipt of the full amount of the purchase price of such Mortgage Loan Loans (as set forth on the schedule attached hereto) by wire transfer to the following accountaccount maintained with the Collateral Agent: WIRE INSTRUCTIONS TO MORTGAGE LOAN SETTLEMENT ACCOUNT: _________________________ _________________________ _________________________ [To be provided by the Collateral Agent] Pending your purchase of each Mortgage Loan and until payment therefor is received, the aforesaid security interest therein will remain in full force and effect, and you shall hold possession of such Collateral and the documentation evidencing same in trust and as custodian, agent agent, and bailee for and on behalf of the Secured Parties. In the event any Mortgage Loan is unacceptable for purchase, return the rejected item directly to the Collateral Agent undersigned at the address set forth below. In no event shall any Mortgage Loan be returned or sales proceeds remitted to the Company. The Mortgage Loan must be so returned or sales proceeds remitted in full no later than [forty-five (45) days][UNLESS DELIVERED TO A GOVERNMENT HOUSING PROGRAM WHICH IS NOT A FEDERAL AGENCY] [seventy-five (75) days][IN THE CASE OF DELIVERY TO A GOVERNMENT HOUSING WHICH IS NOT A FEDERAL AGENCY] days from the date hereof. In no event shall any Mortgage Loan be returned or sales proceeds remitted to the Company, TMA or CPM. If you are unable to comply with the above instructions, please so advise the undersigned immediately. NOTE: BY ACCEPTING THE MORTGAGE LOANS DELIVERED TO YOU WITH THIS LETTER, YOU CONSENT TO HOLD THE MORTGAGE LOANS IN TRUST AND TO BE THE CUSTODIAN, AGENT, AND BAILEE FOR THE SECURED PARTIES ON THE TERMS DESCRIBED IN THIS LETTER. THE UNDERSIGNED REQUESTS THAT YOU ACKNOWLEDGE RECEIPT OF THE ENCLOSED MORTGAGE LOANS AND THIS LETTER BY SIGNING AND RETURNING THE ENCLOSED COPY OF THIS LETTER TO THE UNDERSIGNED AT THE FOLLOWING ADDRESS: [SPECIFY ADDRESS]; HOWEVER, YOUR FAILURE TO DO SO DOES NOT NULLIFY SUCH CONSENT.
Appears in 1 contract
Attention. Please endorse the notes as follows: Please ship the loan documents either by _______________________ or by such other courier service as we have designated to you as "approved". The courier shall act as an independent contractor bailee acting solely on your behalf as Collateral Agent for the Secured Parties Lenders (as defined in that certain Second Amended and Restated Security and Collateral Agency Agreement dated as of November 12August 19, 19962005, as the same may be amended, extended or replaced from time to time), but we acknowledge and agree that you are not responsible for any delays in shipment caused by courier or any other actions or inactions inaction of the courier, including, without limitation, any loss of any loan documents; however, because the Commitment expires on _______________, 199200_, we ask that you deliver the loan documents to the courier no later than _______________, 199200_. Please have the courier bill ▇▇ by using our acct #__________PULTE FUNDING, INC. If you should have any questions, or should feel the need for additional documentation, please do not hesitate to call _______________. [SOURCE ONE MORTGAGE SERVICES CORPORATION, a Delaware corporation] [THE MORTGAGE AUTHORITY, a Delaware corporation] [CENTRAL PACIFIC MORTGAGE COMPANY, a California corporation] By:________________________________ Name:______________________________ Title:_____________________________ EXHIBIT 4 TO D-6(a) BAILEE AND SECURITY AGREEMENT (Direct LETTER FOR APPROVED INVESTORS DATE: [Investor) Date:____________ Name of Delivery Service:____________________________________ Airbill No.:____________________ FORM OF WHOLE LOAN SALE TRANSMITTAL LETTER [LETTERHEAD OF COLLATERAL AGENT's Name] [Approved Investor's Address] _________________________ _________________________ Re: Source One Mortgage Services Corporation; Pulte Funding, Inc.: Sale of Mortgage Loans Attached please find those Mortgage Loans listed separately on the attached schedule, which Mortgage Loans are owned by SOURCE ONE MORTGAGE SERVICES CORPORATION PULTE FUNDING, INC. (the "Company"), THE MORTGAGE AUTHORITY, ("TMA"), a wholly-owned subsidiary of the Company, or CENTRAL PACIFIC MORTGAGE COMPANY ("CPM"), a wholly-owned subsidiary of the Company, ) and are being delivered to you for purchase. The Mortgage Loans comprise a portion of the Collateral under (and as the term "Collateral" and capitalized terms not otherwise defined herein are defined in) that certain Second Amended and Restated Revolving Credit Loan Agreement dated entered into as of November __August 19, 1996 by and 2005 among the CompanyBorrower, TMAthe Issuers parties thereto, CPMthe Managing Agents parties thereto, The First National Bank of Chicagothe Banks parties thereto, CALYON NEW YORK BRANCH, in its capacity as administrative agent for the "Lenders" (as defined therein) (in such capacity, the "Administrative Agent"), and the Lenders PULTE MORTGAGE LLC, in its capacity as servicer thereunder. Each of the Mortgage Loans is subject to a security interest in favor of National City Bank of Kentucky (the "Collateral Agent") Administrative Agent on behalf of the Secured Parties Parties, which security interest shall be automatically released upon your remittance of the full amount of the purchase price of such Mortgage Loan (as set forth on the schedule attached hereto) by wire transfer to the following account: WIRE INSTRUCTIONS TO SETTLEMENT THE CASH & COLLATERAL ACCOUNT: _________________________ _________________________ _________________________ Account Number ▇▇▇▇▇▇▇ with JPMorgan, NA, ABA# ▇▇▇▇▇▇▇▇▇ Pending your purchase of each Mortgage Loan and until payment therefor is received, the aforesaid security interest therein will remain in full force and effect, and you shall hold possession of such Collateral and the documentation evidencing same as custodian, agent and bailee for and on behalf of the Secured Parties. In the event any Mortgage Loan is unacceptable for purchase, return the rejected item directly to the Collateral Agent at the address set forth below. The Mortgage Loan must be so returned or sales proceeds remitted in full no later than [forty-five (45) days][UNLESS DELIVERED TO A GOVERNMENT HOUSING PROGRAM WHICH IS NOT A FEDERAL AGENCY] [seventy-five (75) days][IN THE CASE OF DELIVERY TO A GOVERNMENT HOUSING WHICH IS NOT A FEDERAL AGENCY] calendar days from the date hereof. In no event shall any Mortgage Loan be returned to or sales proceeds remitted to the Company, TMA or CPM. If you are unable to comply with the above instructions, please so advise the undersigned immediately.
Appears in 1 contract
Attention. Please endorse the notes as follows: Please ship the loan documents either by ____________________ or by such other courier service as we have designated to you as "approved". ." The courier shall act as an independent contractor bailee acting solely on your behalf as Collateral Agent for the Secured Parties (Lender, as defined in that certain Second Amended and Restated Security and Collateral Agency Mortgage Loan Warehousing Agreement dated as of November 12__________, 19961994, as the same may be amended, extended or replaced from time to time), but we acknowledge and agree that you are not responsible for any delays in shipment caused by courier or any other actions or inactions of the courier, including, without limitation, any loss of any loan documents; however, because the Commitment expires on _______________, 199_, we ask that you deliver the loan documents to the courier no later than _________________, 199_. Please have the courier bill ▇▇ by using our acct #____________. If you should have any questions, or should feel the need for additional documentation, please do not hesitate to call _______________. [SOURCE ONE MORTGAGE SERVICES CORPORATION__ CAROLINA INVESTORS, INC., a Delaware corporationSouth Carolina corporation By: ------------------------- Name: ----------------------- Title: ---------------------- EXHIBIT 5 TO SECURITY AGREEMENT (INVESTOR) FORM OF WHOLE LOAN SALE TRANSMITTAL LETTER [LETTERHEAD OF LENDER] [THE MORTGAGE AUTHORITY, a Delaware corporation] [CENTRAL PACIFIC MORTGAGE COMPANY, a California corporation] By:__________ __, 1994 Dear [Investor]: Enclosed is(are) _______ original promissory note(s) in the original principal amount of $_________________ Name:______________________________ Title:_____________________________ EXHIBIT 4 TO SECURITY AGREEMENT (Direct Investor"Notes") Date:____________ Name of Delivery Service:____________________________________ Airbill No.:____________________ FORM OF WHOLE LOAN SALE TRANSMITTAL LETTER [LETTERHEAD OF COLLATERAL AGENT] [Approved Investor] _________________________ _________________________ Re: Source One Mortgage Services Corporation; Sale of evidencing the Mortgage Loans Attached please find those Mortgage Loans listed separately described on the attached scheduleSCHEDULE A, which Mortgage Loans are owned by SOURCE ONE MORTGAGE SERVICES CORPORATION along with other related documents (the collectively, "CompanyCollateral"), THE MORTGAGE AUTHORITY, . A security interest in the Collateral has been granted to First Union National Bank of North Carolina ("TMAFUNB") by Carolina Investors, Inc. ("Seller"), a wholly-owned subsidiary of the Company, . All Collateral now or CENTRAL PACIFIC MORTGAGE COMPANY ("CPM"), a wholly-owned subsidiary of the Company, and are being hereafter delivered to you is to be held by you as a bailee for purchase. The Mortgage Loans comprise a portion the benefit of the Collateral under (and as the term "Collateral" and capitalized terms not otherwise defined herein are defined in) that certain Second Amended and Restated Revolving Credit Agreement dated as of November __, 1996 by and among the Company, TMA, CPM, The First National Bank of Chicago, as AgentFUNB, and the Lenders thereunder. Each of the Mortgage Loans is subject to a security interest in favor FUNB's direction and control. By taking possession of National City Bank Collateral, you agree to the terms of Kentucky (the "Collateral Agent") on behalf of the Secured Parties which security interest shall be automatically released upon your remittance of the full amount of the purchase price of such Mortgage Loan (bailments as set forth in this letter. ***WIRE INSTRUCTIONS*** Payments for all notes accepted for purchase are to be wire transferred to FIRST UNION NATIONAL BANK OF NORTH CAROLINA (ABA #0530▇▇▇▇▇) ▇▇ One ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇, ▇▇r the account of Carolina Investors, Inc. (Acct. #20-0000020585). Please reference the Mortgagor(s)' name on the schedule attached hereto) by wire transfer to the following account: WIRE INSTRUCTIONS TO SETTLEMENT ACCOUNT: _________________________ _________________________ _________________________ Pending your purchase of each Mortgage Loan and until payment therefor is received, the aforesaid security interest therein will remain in full force and effect, and you shall hold possession of such Collateral and the documentation evidencing same as custodian, agent and bailee for and on behalf of the Secured Parties. In the event any Mortgage Loan is unacceptable for purchase, return the rejected item directly to the Collateral Agent at the address set forth below. The Mortgage Loan must be so returned or sales proceeds remitted in full no later than [forty-five (45) days][UNLESS DELIVERED TO A GOVERNMENT HOUSING PROGRAM WHICH IS NOT A FEDERAL AGENCY] [seventy-five (75) days][IN THE CASE OF DELIVERY TO A GOVERNMENT HOUSING WHICH IS NOT A FEDERAL AGENCY] from the date hereof. In no event shall any Mortgage Loan be returned or sales proceeds remitted to the Company, TMA or CPM. If you are unable to comply with the above instructions, please so advise the undersigned immediately.
Appears in 1 contract
Sources: Mortgage Loan Warehousing Agreement (Emergent Group Inc)
Attention. Please endorse the notes as follows: Please ship the loan documents either by ____________________ or by such other courier service as we have designated to you as "approved". The courier shall act as an independent contractor bailee acting solely on your behalf as Collateral Agent for the Secured Parties (as defined in that certain Second Fourth Amended and Restated Security and Collateral Agency Agreement dated as of November 12July 10, 19961998, as the same may be amended, extended or replaced from time to time), but we acknowledge and agree that you are not responsible for any delays in shipment caused by courier or any other actions or inactions of the courier, including, without limitation, any loss of any loan documents; however, because the Commitment expires on _______________, 199_, we ask that you deliver the loan documents to the courier no later than _______________, 199_. Please have the courier bill ▇▇ by using our acct #__________. If you should have any questions, or should feel the need for additional documentation, please do not hesitate to call _______________. [SOURCE ONE MORTGAGE SERVICES CORPORATION, a Delaware corporation] [THE MORTGAGE AUTHORITY, a Delaware corporation] [CENTRAL PACIFIC MORTGAGE COMPANY, a California corporation] corporation By:________________________________ Name:______________________________ Title:_____________________________ 39 EXHIBIT 4 TO SECURITY AGREEMENT (Direct Investor) Date:____________ Name of Delivery Service:____________________________________ Airbill No.:____________________ FORM OF WHOLE LOAN SALE TRANSMITTAL LETTER [LETTERHEAD OF COLLATERAL AGENT] [Approved Investor] _________________________ _________________________ Re: Source One Mortgage Services Corporation; Sale of Mortgage Loans Attached please find those Mortgage Loans listed separately on the attached schedule, which Mortgage Loans are owned by SOURCE ONE MORTGAGE SERVICES CORPORATION (the "Company"), THE MORTGAGE AUTHORITY, ("TMA"), a wholly-owned subsidiary of the Company, or CENTRAL PACIFIC MORTGAGE COMPANY ("CPM"), a wholly-owned subsidiary of the Company, ) and are being delivered to you for purchase. The Mortgage Loans comprise a portion of the Collateral under (and as the term "Collateral" and capitalized terms not otherwise defined herein are defined in) that certain Second Fourth Amended and Restated Revolving Credit Agreement dated as of November __July 10, 1996 1998 by and among the Company, TMA, CPM, The First National Bank of Chicago, as Agent, and the Lenders thereunder. Each of the Mortgage Loans is subject to a security interest in favor of National City Bank of Kentucky (the "Collateral Agent") on behalf of the Secured Parties which security interest shall be automatically released upon your remittance of the full amount of the purchase price of such Mortgage Loan (as set forth on the schedule attached hereto) by wire transfer to the following account: WIRE INSTRUCTIONS TO SETTLEMENT ACCOUNT: ______________________________ ______________________________ ______________________________ Pending your purchase of each Mortgage Loan and until payment therefor is received, the aforesaid security interest therein will remain in full force and effect, and you shall hold possession of such Collateral and the documentation evidencing same as custodian, agent and bailee for and on behalf of the Secured Parties. In the event any Mortgage Loan is unacceptable for purchase, return the rejected item directly to the Collateral Agent at the address set forth below. The Mortgage Loan must be so returned or sales proceeds remitted in full no later than [forty-five (45) days][UNLESS DELIVERED TO A GOVERNMENT HOUSING PROGRAM WHICH IS NOT A FEDERAL AGENCY] [seventy-five (75) days][IN THE CASE OF DELIVERY TO A GOVERNMENT HOUSING WHICH IS NOT A FEDERAL AGENCY] from the date hereof. In no event shall any Mortgage Loan be returned or sales proceeds remitted to the Company, TMA or CPM. If you are unable to comply with the above instructions, please so advise the undersigned immediately.
Appears in 1 contract
Sources: Security and Collateral Agency Agreement (Source One Mortgage Services Corp)
Attention. Please endorse the notes as follows: Please ship the loan documents either by ____________________ or by such other courier service as we have designated to you as "approved". The courier shall act as an independent contractor bailee acting solely on your behalf as Collateral Agent for the Secured Parties (as defined in that certain Second Fourth Amended and Restated Security and Collateral Agency Agreement dated as of November 12June 30, 19962004, as the same may be amended, extended or replaced from time to time), but we acknowledge and agree that you are not responsible for any delays in shipment caused by courier or any other actions or inactions of the courier, including, without limitation, any loss of any loan documents; however, because the Commitment expires on _______________, 199200_, we ask that you deliver the loan documents to the courier no later than _______________, 199200_. Please have the courier bill ▇▇▇▇ us by using our acct #__________. If you should have any questions, or should feel the need for additional documentation, please do not hesitate to call _______________. [SOURCE ONE PULTE MORTGAGE SERVICES CORPORATIONLLC, a Delaware corporation] [THE MORTGAGE AUTHORITY, a Delaware corporation] [CENTRAL PACIFIC MORTGAGE COMPANY, a California corporation] limited liability company By:________________________________ Name:______________________________ Title:_____________________________ EXHIBIT 4 TO SECURITY AGREEMENT (Direct Investor) Date:____________ Name of Delivery Service:____________________________________ Airbill No.:____________________ FORM OF WHOLE LOAN SALE TRANSMITTAL LETTER [LETTERHEAD OF COLLATERAL AGENT] [Approved Investor] ___________________________ ___________________________ Re: Source One Pulte Mortgage Services CorporationLLC; Pulte Funding, Inc. Sale of Mortgage Loans Attached please find those Mortgage Loans listed separately on the attached schedule, which Mortgage Loans are owned by SOURCE ONE PULTE MORTGAGE SERVICES CORPORATION (the "Company"), THE MORTGAGE AUTHORITY, LLC ("TMAPMC")) and/or PULTE FUNDING, a wholly-owned subsidiary of the Company, or CENTRAL PACIFIC MORTGAGE COMPANY INC. ("CPMPFI"), a wholly-owned subsidiary of the Company, ) and are being delivered to you for purchase. The Mortgage Loans comprise a portion of the Collateral collateral under (and as the term "Collateral" and capitalized terms not otherwise defined herein are defined in) that certain Second Fifth Amended and Restated Revolving Credit Agreement dated as of November __June 30, 1996 2004 by and among the CompanyPMC, TMABank One, CPM, The First National Bank of ChicagoNA, as Agent, and the Lenders thereunderlenders named therein and that certain Amended and Restated Loan Agreement dated as of August 23, 2002 among PMC, PFI, Credit Lyonnais New York Branch, as Agent and the lenders named therein (collectively, the "Secured Parties"). Each of the Mortgage Loans is subject to a security interest in favor of National City Bank of Kentucky the undersigned (the "Collateral Agent") on behalf of the Secured Parties Parties, which security interest shall be automatically released upon your remittance of the full amount of the purchase price of such Mortgage Loan Loans (as set forth on the schedule attached hereto) by wire transfer to the following account: WIRE INSTRUCTIONS TO SETTLEMENT ACCOUNTCASH AND COLLATERAL ACCOUNT Bank One, N.A ABA 071-00-0013 DDA# 1928368 Ref: _________________________ _________________________ _________________________ Pulte Pending your purchase of each Mortgage Loan and until payment therefor is received, the aforesaid security interest therein will remain in full force and effect, and you shall hold possession of such Collateral and the documentation evidencing same as custodian, agent and bailee for and on behalf of the Secured Parties. In the event any Mortgage Loan is unacceptable for purchase, return the rejected item directly to the Collateral Agent at the address set forth below. The Mortgage Loan must be so returned or sales proceeds remitted in full no later than [forty-five (45) days][UNLESS DELIVERED TO A GOVERNMENT HOUSING PROGRAM WHICH IS NOT A FEDERAL AGENCY] [seventy-five (75) days][IN THE CASE OF DELIVERY TO A GOVERNMENT HOUSING WHICH IS NOT A FEDERAL AGENCY] calendar days from the date hereof. In no event shall any Mortgage Loan be returned to or sales proceeds remitted to the Company, TMA PMC or CPMPFI. If you are unable to comply with the above instructions, please so advise the undersigned immediately.
Appears in 1 contract
Sources: Security and Collateral Agency Agreement (Pulte Homes Inc/Mi/)
Attention. Please endorse the notes as follows: Please ship the loan documents Loan Documents either by ____________________ or by --------------------------------- such other courier service as we have designated to you as "approved"specifically approved in writing. The courier shall act as an independent contractor bailee acting solely on your behalf as Collateral Agent for the Secured Parties (as defined in that certain Second Amended and Restated Security and Collateral Agency Agreement dated as of November 12, 1996, as the same may be amended, extended or replaced from time to time), but we acknowledge and agree that you You are not responsible for any delays in shipment caused by courier or any other actions or inactions of the courier, including, without limitation, any loss of any loan documents; however. However, because the Commitment commitment expires on _______________, 199_, ------------------- ------ we ask that you deliver the loan documents Loan Documents to the courier no later than _______________, 199_. ---------------------------- ------ Please have the courier bill b▇▇▇ us by using our acct #__________account no. . ---------------------- If you should have any questions, or should feel the need for additional documentation, please do not hesitate to call _______________. [SOURCE ONE --------------------- BANC NLC MORTGAGE SERVICES CORPORATIONLENDING, LLC By: -------------------------- Name: ------------------------ Title: ----------------------- -62- EXHIBIT E TRUST RECEIPT Trust Receipt No. , ---------------------- ----------------------- ---------- The undersigned, Banc NLC Mortgage Lending, LLC, a Delaware corporation] [THE MORTGAGE AUTHORITY, a Delaware corporation] [CENTRAL PACIFIC MORTGAGE COMPANY, a California corporation] By:________________________________ Name:______________________________ Title:_____________________________ EXHIBIT 4 TO SECURITY AGREEMENT (Direct Investor) Date:____________ Name of Delivery Service:____________________________________ Airbill No.:____________________ FORM OF WHOLE LOAN SALE TRANSMITTAL LETTER [LETTERHEAD OF COLLATERAL AGENT] [Approved Investor] _________________________ _________________________ Re: Source One Mortgage Services Corporation; Sale of Mortgage Loans Attached please find those Mortgage Loans listed separately on the attached schedule, which Mortgage Loans are owned by SOURCE ONE MORTGAGE SERVICES CORPORATION Florida limited liability company (the "Company"), THE MORTGAGE AUTHORITYacknowledges receipt from Bank United, a federal savings bank ("TMALender"), a whollypursuant to that certain Warehousing Credit and Security Agreement (Single-owned subsidiary Family Mortgage Loans) dated effective as of , , by and between the Company, or CENTRAL PACIFIC MORTGAGE COMPANY Company and ------------------------ -------- -------- Lender (the "CPMAgreement"), a wholly-owned subsidiary of the Companyfollowing described property (the "Trust Property"), and are being delivered possession of which is herewith entrusted to you the Company for purchasethe purposes set forth below: Mortgage Loan No. Note Amount: ------------------------ -------------------- Obligor: --------------------------------- Purpose: [Specify nature of clerical or other documentation problem to be corrected.] The Mortgage Loans comprise a portion of the Collateral under (and as the term "Collateral" and capitalized terms not otherwise defined herein are defined in) Company hereby acknowledges that certain Second Amended and Restated Revolving Credit Agreement dated as of November __, 1996 by and among the Company, TMA, CPM, The First National Bank of Chicago, as Agent, and the Lenders thereunder. Each of the Mortgage Loans is subject to a security interest in favor of National City Bank of Kentucky (the "Collateral Agent") on behalf Trust Property and in the proceeds of the Secured Parties which security interest shall be automatically released upon your remittance Trust Property has been granted to the Lender pursuant to the Agreement. In consideration of the full amount delivery of the purchase price of such Mortgage Loan (as set forth on Trust Property by the schedule attached hereto) by wire transfer to the following account: WIRE INSTRUCTIONS TO SETTLEMENT ACCOUNT: _________________________ _________________________ _________________________ Pending your purchase of each Mortgage Loan and until payment therefor is received, the aforesaid security interest therein will remain in full force and effect, and you shall hold possession of such Collateral and the documentation evidencing same as custodian, agent and bailee for and on behalf of the Secured Parties. In the event any Mortgage Loan is unacceptable for purchase, return the rejected item directly to the Collateral Agent at the address set forth below. The Mortgage Loan must be so returned or sales proceeds remitted in full no later than [forty-five (45) days][UNLESS DELIVERED TO A GOVERNMENT HOUSING PROGRAM WHICH IS NOT A FEDERAL AGENCY] [seventy-five (75) days][IN THE CASE OF DELIVERY TO A GOVERNMENT HOUSING WHICH IS NOT A FEDERAL AGENCY] from the date hereof. In no event shall any Mortgage Loan be returned or sales proceeds remitted Lender to the Company, TMA the Company hereby agrees to hold the Trust Property in trust for the Lender as provided under and in accordance with all provisions of the Agreement and to return the Trust Property to the Lender no later than the close of business on the tenth day following the date hereof or, if such day is not a Business Day, on the following Business Day. The Company further agrees that the aggregate Collateral Value of Single-family Mortgage Loans with respect to which notes or CPMother documentation has been released under trust receipts, does not exceed $500,000.00. If you are unable BANC NLC MORTGAGE LENDING, LLC By: -------------------------- Name: ------------------------ Title: ----------------------- -63- Delivery to comply Company Acknowledged: BANK UNITED By: --------------------------------- Name: -------------------------------- Title: ------------------------------- The undersigned acknowledges that the above-mentioned Trust Property has been returned to the Lender on , . -------------------------- -------- BANK UNITED By: ------------------------------------- Name: ----------------------------------- Title: ---------------------------------- EXHIBIT F OFFICER'S CERTIFICATE COMPANY: BANC NLC MORTGAGE LENDING, LLC /NLC FINANCIAL SERVICES, LLC LENDER: BANK UNITED DATE: ------------- REPORTING PERIOD: ended , ------------------------------ ---------------- ------ This certificate is delivered to Lender under the Warehousing Credit and Security Agreement dated effective as of , 2000, between Company -------------------------------------------- --------- and Lender (the "Agreement"), all the defined terms of which have the same meanings when used herein. I hereby certify that: (a) I am, and at all times mentioned herein have been, the duly elected, qualified, and acting officer of Company designated below; (b) to the best of my knowledge, the Financial Statements of Company for the period shown above (the "Reporting Period") and which accompany this certificate were prepared in accordance with GAAP and present fairly the financial condition of Company as of the end of the Reporting Period and the results of its operations for the Reporting Period; (c) a review of the Agreement and of the activities of the Company during the Reporting Period has been made under my supervision with a view to determining Company's compliance with the above instructionscovenants, please so advise requirements, terms, and conditions of the undersigned immediatelyAgreement, and such review has not disclosed the existence during or at the end of the Reporting Period (and I have no knowledge of the existence as of the date hereof) of any Event of Default or Default, except as disclosed on the Annex hereto (which specifies the nature and period of existence of each Event of Default or Default, if any, and what action Company has taken, is taking, and proposes to take with respect to each); (d) the calculations described on the attached Annex evidence that the Company is in compliance with the requirements of Sections 7.5 and 7.6 of the Agreement at the end of the Reporting Period (or if Company is not in compliance, showing the extent of non-compliance and specifying the period of non-compliance and what actions the Company proposes to take with respect thereto; (e) the Company was, as of the end of the Reporting Period, in compliance and good standing with any applicable FNMA, GNMA, FHLMC, and HUD net worth requirements. BANC NLC MORTGAGE LENDING, LLC By: ------------------------------------- Name: ----------------------------------- Title: ---------------------------------- ANNEX TO EXHIBIT F COMPANY NAME: BANC NLC MORTGAGE LENDING, LLC REPORTING PERIOD: ----------------------------------------- All financial calculations set forth herein are as of the Reporting Period.
Appears in 1 contract
Sources: Warehousing Credit and Security Agreement (First NLC Financial Services Inc)
Attention. Please endorse the notes as follows: Please ship the loan documents either by ____________________ or by such other courier service as we have designated to you as "approved". The courier shall act as an independent contractor bailee acting solely on your behalf as Collateral Agent for the Secured Parties (as defined in that certain Second Fifth Amended and Restated Security and Collateral Agency Agreement dated as of November 12May ___, 19962006, as the same may be amended, extended or replaced from time to time), but we acknowledge and agree that you are not responsible for any delays in shipment caused by courier or any other actions or inactions of the courier, including, without limitation, any loss of any loan documents; however, because the Commitment expires on _______________, 199200_, we ask that you deliver the loan documents to the courier no later than _______________, 199200_. Please have the courier bill ▇▇▇▇ us by using our acct #__________. If you should have any questions, or should feel the need for additional documentation, please do not hesitate to call _______________. [SOURCE ONE PULTE MORTGAGE SERVICES CORPORATIONLLC, a Delaware corporation] [THE MORTGAGE AUTHORITY, a Delaware corporation] [CENTRAL PACIFIC MORTGAGE COMPANY, a California corporation] limited liability company By:___________________________________________________ Name:: ________________________________________________ Title:: _______________________________________________ EXHIBIT 4 TO SECURITY AGREEMENT (Direct Investor) Date:____________ Name of Delivery Service:____________________________________ Airbill No.:____________________ FORM OF WHOLE LOAN SALE TRANSMITTAL LETTER [LETTERHEAD OF COLLATERAL AGENT] [Approved Investor] _________________________ _________________________ Re: Source One Pulte Mortgage Services CorporationLLC; Pulte Funding, Inc. Sale of Mortgage Loans Attached please find those Mortgage Loans listed separately on the attached schedule, which Mortgage Loans are owned by SOURCE ONE PULTE MORTGAGE SERVICES CORPORATION (the "Company"), THE MORTGAGE AUTHORITY, LLC ("TMAPMC")) and/or PULTE FUNDING, a wholly-owned subsidiary of the Company, or CENTRAL PACIFIC MORTGAGE COMPANY INC. ("CPMPFI"), a wholly-owned subsidiary of the Company, ) and are being delivered to you for purchase. The Mortgage Loans comprise a portion of the Collateral collateral under (and as the term "Collateral" and capitalized terms not otherwise defined herein are defined in) that certain Second Sixth Amended and Restated Revolving Credit Agreement dated as of November May __, 1996 2006 by and among the CompanyPMC, TMAJPMorgan Chase Bank, CPM, The First National Bank of ChicagoN.A., as Agent, and the Lenders thereunderlenders named therein and that certain Second Amended and Restated Loan Agreement dated as of August 19, 2005, as amended, among PMC, PFI, JPMorgan Chase Bank, N.A., Calyon New York Branch and others (collectively, the "Secured Parties"). Each of the Mortgage Loans is subject to a security interest in favor of National City Bank of Kentucky the undersigned (the "Collateral Agent") on behalf of the Secured Parties Parties, which security interest shall be automatically released upon your remittance of the full amount of the purchase price of such Mortgage Loan Loans (as set forth on the schedule attached hereto) by wire transfer to the following account: WIRE INSTRUCTIONS TO SETTLEMENT ACCOUNTCASH AND COLLATERAL ACCOUNT JPMorgan Chase Bank, N.A. ABA ▇▇▇-▇▇▇-▇▇ DDA# 1928368 Ref: _________________________ _________________________ _________________________ Pulte Pending your purchase of each Mortgage Loan and until payment therefor is received, the aforesaid security interest therein will remain in full force and effect, and you shall hold possession of such Collateral and the documentation evidencing same as custodian, agent and bailee for and on behalf of the Secured Parties. In the event any Mortgage Loan is unacceptable for purchase, return the rejected item directly to the Collateral Agent at the address set forth below. The Mortgage Loan must be so returned or sales proceeds remitted in full no later than [forty-five (45) days][UNLESS DELIVERED TO A GOVERNMENT HOUSING PROGRAM WHICH IS NOT A FEDERAL AGENCY] [seventy-five (75) days][IN THE CASE OF DELIVERY TO A GOVERNMENT HOUSING WHICH IS NOT A FEDERAL AGENCY] calendar days from the date hereof. In no event shall any Mortgage Loan be returned to or sales proceeds remitted to the Company, TMA PMC or CPMPFI. If you are unable to comply with the above instructions, please so advise the undersigned immediately.
Appears in 1 contract
Attention. Please endorse the notes as follows: Please ship the loan documents either by [____________________ ] or by such other courier service as we have designated to you as "approved". The courier shall act as an independent contractor bailee acting solely on your behalf as Collateral Agent for the Secured Parties (as defined in that certain Second Amended and Restated Security and Collateral Agency Agreement dated as of November 12, 1996, as the same may be amended, extended or replaced from time to time), but we acknowledge and agree that you ." You are not responsible for any delays in shipment caused by courier or any other actions or inactions of the courier, including, without limitation, any loss of any loan documents; however, because the Commitment commitment expires on _______________, 199____, we ask that you deliver the loan documents to the courier no later than ________________, 199____. Please have the courier bill ▇▇ by using our acct account #__________. If you should have any questions, . or should feel the need for additional documentation, . please do not hesitate to call _______________HOMESIDE LENDING, INC. [SOURCE ONE MORTGAGE SERVICES CORPORATION, a Delaware corporation] [THE MORTGAGE AUTHORITY, a Delaware corporation] [CENTRAL PACIFIC MORTGAGE COMPANY, a California corporation] By:________________________________ : Name:______________________________ : Title:_____________________________ EXHIBIT 4 : ATTACHMENT 7-B -------------- TO SECURITY AGREEMENT (Direct Investor) Date:____________ Name of Delivery Service:____________________________________ Airbill No.:____________________ FORM OF WHOLE LOAN SALE --------------------- [Collateral Agent Letterhead] TRANSMITTAL LETTER ------------------ (During Negative Security Period) [LETTERHEAD OF COLLATERAL AGENTApproved Investor Name] [Approved InvestorAddress] _________________________ _________________________ Attn: Re: Source One Mortgage Services Corporation; Sale Purchase of Mortgage Loans from HomeSide Lending, Inc. ---------------------- Ladies and Gentlemen: Attached please find those Mortgage Loans listed separately on the attached schedule, which Mortgage Loans are owned by SOURCE ONE MORTGAGE SERVICES CORPORATION HomeSide Lending, Inc. (the "Company"), THE MORTGAGE AUTHORITY, ("TMA"), a wholly-owned subsidiary of the Company, or CENTRAL PACIFIC MORTGAGE COMPANY ("CPM"), a wholly-owned subsidiary of the Company, ) and are being delivered to you for purchase. The Mortgage Loans comprise constitute a portion of the Collateral under (and as the term "Collateral" and capitalized terms not otherwise defined herein hereunder are defined in) that certain Second the Amended and Restated Revolving Credit Security and Collateral Agency Agreement (as amended, supplemented or otherwise modified from time to time, the "Agreement"), dated as of November __January 31, 1996 1997, by and among the CompanyGrantor, TMAThe Chase Manhattan Bank, CPMas Administrative Agent, and The First National Bank of ChicagoBoston, as Collateral Agent (the "Collateral Agent, and the Lenders thereunder"). Each of the Mortgage Loans is subject to a security interest in favor of National City Bank of Kentucky (the "Collateral Agent") on behalf Agent for the benefit of the Secured Parties Parties, which security interest shall be automatically released upon your remittance our receipt of the full amount of the purchase price of such Mortgage Loan Loans (as set forth on the schedule attached hereto) by wire transfer to the following accountaccount maintained with the Collateral Agent: WIRE INSTRUCTIONS TO MORTGAGE LOAN SETTLEMENT ACCOUNT: _________________________ _________________________ _________________________ [To be provided by the Collateral Agent] Pending your purchase of each Mortgage Loan and until payment therefor is received, the aforesaid security interest therein will remain in full force and effect, and you shall hold possession of such Collateral and the documentation evidencing same in trust and as custodian, agent agent, and bailee for and on behalf of the Secured Parties. In the event any Mortgage Loan is unacceptable for purchase, return the rejected item directly to the Collateral Agent undersigned at the 66 address set forth below. In no event shall any Mortgage Loan be returned or sales proceeds remitted to the Company. The Mortgage Loan must be so returned or sales proceeds remitted in full no later than [forty-five (45) days][UNLESS DELIVERED TO A GOVERNMENT HOUSING PROGRAM WHICH IS NOT A FEDERAL AGENCY] [seventy-five (75) days][IN THE CASE OF DELIVERY TO A GOVERNMENT HOUSING WHICH IS NOT A FEDERAL AGENCY] days from the date hereof. In no event shall any Mortgage Loan be returned or sales proceeds remitted to the Company, TMA or CPM. If you are unable to comply with the above instructions, please so advise the undersigned immediately.
Appears in 1 contract
Sources: Security and Collateral Agency Agreement (Homeside Lending Inc)
Attention. Please endorse the notes as follows: Please ship the loan documents either by ____________________ or by such other courier service as we have designated to you as "approved". ." The courier shall act as an independent contractor bailee acting solely on your behalf as Collateral Agent for the Secured Parties (Lender, as defined in that certain Second Amended and Restated Security and Collateral Agency Mortgage Loan Warehousing Agreement dated as of November 12____________, 19961998, as the same may be amended, extended or replaced from time to time), but we acknowledge and agree that you are not responsible for any delays in shipment caused by courier or any other actions or inactions of the courier, including, without limitation, any loss of any loan documents; however, because the Commitment or the Buy/Sell Agreement expires on _______________, 199_, we ask that you deliver the loan documents to the courier no later than _________________, 199_. Please have the courier bill ▇▇▇▇ us by using our acct #____________. If you should have any questions, or should feel the need for additional documentation, please do not hesitate to call _______________. [SOURCE ONE __ WESTMARK MORTGAGE SERVICES CORPORATION, a Delaware corporation] [THE MORTGAGE AUTHORITY, a Delaware corporation] [CENTRAL PACIFIC MORTGAGE COMPANY, a California corporation] corporation By:________________________________ Name:______________________________ Title:______________________ EXHIBIT 5A TO SECURITY AGREEMENT (Direct Investor) FORM OF WHOLE LOAN SALE TRANSMITTAL LETTER [LETTERHEAD OF LENDER] __________ EXHIBIT 4 TO SECURITY AGREEMENT (Direct __, 199__ Dear [Approved Investor]: ----------------- Re: Westmark Mortgage Corporation: ----------------------------- Sale of Mortgage Loans ---------------------- Attached please find original promissory note(s) Date:in the original principal amount of $____________ Name evidencing those Mortgage Loans listed separately on the attached schedule, along with other related documents (collectively, the "Mortgage Loan Collateral") which Mortgage Loans are owned by Westmark Mortgage Corporation, a California corporation (the "Company") and are being delivered to you for purchase. The Mortgage Loans comprise a portion of Delivery Service:the Collateral under (and as the term "Collateral" and capitalized terms not otherwise defined herein are defined in) that certain Mortgage Loan Warehousing Agreement dated as of ___________, 1998 by and between the Company as borrower and the undersigned as lender ("Lender"), as amended or modified from time to time. Each of the Mortgage Loans is subject to a security interest in favor of Lender, as set forth in that certain Security Agreement dated as of ____________, 1998 by and between the Company and Lender, as amended or modified from time to time. Said security interest shall be automatically released upon your remittance of an amount equal to the greater of (i) the full amount of the purchase price of such Mortgage Loan(s) (as set forth on the schedule attached hereto), or (ii) $________, which is the collateral value assigned by Lender to such Mortgage Loan(s), by wire transfer to the following account of the Company: WIRE INSTRUCTIONS TO SETTLEMENT ACCOUNT: ____________________________________ Airbill No.:____________________ FORM OF WHOLE LOAN SALE TRANSMITTAL LETTER [LETTERHEAD OF COLLATERAL AGENT] [Approved Investor] _________________________ _________________________ Re: Source One Mortgage Services Corporation; Sale of Mortgage Loans Attached please find those Mortgage Loans listed separately on the attached schedule, which Mortgage Loans are owned by SOURCE ONE MORTGAGE SERVICES CORPORATION (the "Company"), THE MORTGAGE AUTHORITY, ("TMA"), a wholly-owned subsidiary of the Company, or CENTRAL PACIFIC MORTGAGE COMPANY ("CPM"), a wholly-owned subsidiary of the Company, and are being delivered to you for purchase. The Mortgage Loans comprise a portion of the Collateral under (and as the term "Collateral" and capitalized terms not otherwise defined herein are defined in) that certain Second Amended and Restated Revolving Credit Agreement dated as of November __, 1996 by and among the Company, TMA, CPM, The First National Bank of Chicago, as Agent, and the Lenders thereunder. Each of the Mortgage Loans is subject to a security interest in favor of National City Bank of Kentucky (the "Collateral Agent") on behalf of the Secured Parties which security interest shall be automatically released upon your remittance of the full amount of the purchase price of such Mortgage Loan (as set forth on the schedule attached hereto) by wire transfer to the following account: WIRE INSTRUCTIONS TO SETTLEMENT ACCOUNT: _________________________ _________________________ _________________________ Pending your purchase of each Mortgage Loan and until payment therefor is received, the aforesaid security interest therein will remain in full force and effect, and you shall hold possession of such Mortgage Loan Collateral and the documentation evidencing same as custodian, agent and bailee for and on behalf of Lender and subject to the Secured Partiesdirection and control of Lender. In the event any Mortgage Loan is unacceptable for purchase, return the rejected item Mortgage Loan and all related Mortgage Loan Collateral directly to the Collateral Agent Lender at the address set forth below. In no event shall any Mortgage Loan or related Mortgage Loan Collateral be returned, or sales proceeds remitted, to the Company or to any of its affiliates. The Mortgage Loan and related Mortgage Loan Collateral must be so returned or sales proceeds remitted in full no later than [forty-five thirty (4530) days][UNLESS DELIVERED TO A GOVERNMENT HOUSING PROGRAM WHICH IS NOT A FEDERAL AGENCY] [seventy-five (75) days][IN THE CASE OF DELIVERY TO A GOVERNMENT HOUSING WHICH IS NOT A FEDERAL AGENCY] days from the date hereof. In no event shall any Mortgage Loan be returned or sales proceeds remitted to the Company, TMA or CPM. If you are unable to comply with the above instructions, please so advise the undersigned immediately.
Appears in 1 contract
Attention. Please endorse Telephone: (___) ___-____ Telecopy: (___) ___-____ Accepted and agreed to as of the notes date first above written: THE BANK OF NEW YORK, as followsAdministrative Agent By: Please ship the loan documents either by --------------------------------------- Name: ------------------------------------- Title: ------------------------------------ [SCHEDULES CORRESPONDING TO THE SCHEDULES IN THE AGREEMENT ARE TO BE ATTACHED] ANNEX B TO THE SUBSIDIARY GUARANTY AND SECURITY AGREEMENT DATED AS OF ________, 2000 FORM OF GRANT OF SECURITY INTEREST (____________)4 [NAME OF GUARANTOR], a ________ or by such other courier service corporation (the "GUARANTOR"), is obligated to THE BANK OF NEW YORK, as we have designated to you as Administrative Agent (the "approvedADMINISTRATIVE AGENT". The courier shall act as an independent contractor bailee acting solely on your behalf as Collateral Agent for ), and has entered into the Secured Parties (as defined in that certain Second Amended and Restated Subsidiary Guaranty and Security and Collateral Agency Agreement dated as of November 12August 24, 1996, 2000 (as the same may be amended, extended supplemented or replaced from time to time)otherwise modified, but we acknowledge and agree that you are not responsible for any delays in shipment caused by courier or any other actions or inactions of the courier, including, without limitation, any loss of any loan documents; however, because "Agreement") with the Commitment expires on _______________, 199_, we ask that you deliver the loan documents to the courier no later than _______________, 199_. Please have the courier bill ▇▇ by using our acct #__________. If you should have any questions, or should feel the need for additional documentation, please do not hesitate to call _______________Administrative Agent. [SOURCE ONE MORTGAGE SERVICES CORPORATIONPURSUANT TO THE AGREEMENT, a Delaware corporation] [THE MORTGAGE AUTHORITYGUARANTOR GRANTED TO THE ADMINISTRATIVE AGENT A SECURITY INTEREST IN ALL OF THE RIGHT, a Delaware corporation] [CENTRAL PACIFIC MORTGAGE COMPANYTITLE AND INTEREST OF THE GUARANTOR IN AND TO THE TRADEMARKS LISTED ON SCHEDULE I ATTACHED HERETO, a California corporation] By:________________________________ Name:______________________________ Title:_____________________________ EXHIBIT 4 TO SECURITY AGREEMENT WHICH TRADEMARKS ARE REGISTERED IN THE UNITED STATES PATENT AND TRADEMARK OFFICE (Direct Investor) Date:____________ Name of Delivery Service:____________________________________ Airbill No.:____________________ FORM OF WHOLE LOAN SALE TRANSMITTAL LETTER [LETTERHEAD OF COLLATERAL AGENT] [Approved Investor] _________________________ _________________________ Re: Source One Mortgage Services Corporation; Sale of Mortgage Loans Attached please find those Mortgage Loans listed separately on the attached schedule, which Mortgage Loans are owned by SOURCE ONE MORTGAGE SERVICES CORPORATION (the THE "CompanyTRADEMARKS"), TOGETHER WITH THE MORTGAGE AUTHORITYGOODWILL OF THE BUSINESS SYMBOLIZED BY THE TRADEMARKS AND THE APPLICATIONS AND REGISTRATIONS THEREOF, AND ALL PROCEEDS THEREOF, INCLUDING ANY AND ALL CAUSES OF ACTION WHICH MAY EXIST BY REASON OF INFRINGEMENT 4 Insert Patents, Trademarks or Copyrights, as applicable. 5 Delete inapplicable paragraphs. THEREOF (THE "TMACOLLATERAL"), a wholly-owned subsidiary of the CompanyTO SECURE THE PROMPT PAYMENT, or CENTRAL PACIFIC MORTGAGE COMPANY PERFORMANCE AND OBSERVANCE OF ITS OBLIGATIONS (AS DEFINED IN THE AGREEMENT).] [PURSUANT TO THE AGREEMENT, THE GUARANTOR GRANTED TO THE ADMINISTRATIVE AGENT A SECURITY INTEREST IN ALL OF THE RIGHT, TITLE AND INTEREST OF THE GUARANTOR IN AND TO THE COPYRIGHT RIGHTS IN ANY WORK SUBJECT TO THE COPYRIGHT LAWS OF THE UNITED STATES OF AMERICA, WHETHER AS AUTHOR, ASSIGNEE, TRANSFEREE OR OTHERWISE, AND ALL REGISTRATIONS AND APPLICATIONS FOR REGISTRATION OF ANY SUCH COPYRIGHT IN THE UNITED STATES OF AMERICA, IN EACH CASE LISTED ON SCHEDULE I ATTACHED HERETO, WHICH COPYRIGHT RIGHTS ARE REGISTERED IN THE UNITED STATES COPYRIGHT OFFICE (THE "CPMCOPYRIGHTS"), a wholly-owned subsidiary AND ALL PROCEEDS THEREOF, INCLUDING ANY AND ALL CAUSES OF ACTION WHICH MAY EXIST BY REASON OF INFRINGEMENT THEREOF (THE "COLLATERAL"), TO SECURE THE PROMPT PAYMENT, PERFORMANCE AND OBSERVANCE OF ITS OBLIGATIONS (AS DEFINED IN THE AGREEMENT).] For good and valuable consideration, the receipt of which is hereby acknowledged, and for the purpose of recording the grant of the Companysecurity interest as aforesaid, and are being delivered the Guarantor does hereby further assign to you for purchase. The Mortgage Loans comprise a portion of the Collateral under (and as the term "Collateral" and capitalized terms not otherwise defined herein are defined in) that certain Second Amended and Restated Revolving Credit Agreement dated as of November __, 1996 by and among the Company, TMA, CPM, The First National Bank of Chicago, as Administrative Agent, and grant to the Lenders thereunder. Each of the Mortgage Loans is subject to Administrative Agent a security interest in favor of National City Bank of Kentucky (in, the "Collateral Agent") on behalf to secure the prompt payment, performance and observance of the Secured Parties which Obligations. The Guarantor does hereby further acknowledge and affirm that the rights and remedies of the Administrative Agent with respect to the assignment of and security interest shall be automatically released upon your remittance in the Collateral made and granted hereby are set forth in the Agreement, the terms and provisions of which are hereby incorporated herein by reference as if fully set forth herein. Upon the indefeasible cash payment in full of all Obligations (as such term is defined in the Agreement), the Administrative Agent will take whatever actions are necessary at the Guarantor's expense to release or reconvey to Guarantor all right, title and interest of the full amount of the purchase price of such Mortgage Loan (as set forth on the schedule attached hereto) by wire transfer Guarantor in and to the following account: WIRE INSTRUCTIONS TO SETTLEMENT ACCOUNT: _________________________ _________________________ _________________________ Pending your purchase of each Mortgage Loan and until payment therefor is received, the aforesaid security interest therein will remain in full force and effect, and you shall hold possession of such Collateral and the documentation evidencing same as custodian, agent and bailee for and on behalf of the Secured Parties. In the event any Mortgage Loan is unacceptable for purchase, return the rejected item directly to the Collateral Agent at the address set forth below. The Mortgage Loan must be so returned or sales proceeds remitted in full no later than [forty-five (45) days][UNLESS DELIVERED TO A GOVERNMENT HOUSING PROGRAM WHICH IS NOT A FEDERAL AGENCY] [seventy-five (75) days][IN THE CASE OF DELIVERY TO A GOVERNMENT HOUSING WHICH IS NOT A FEDERAL AGENCY] from the date hereof. In no event shall any Mortgage Loan be returned or sales proceeds remitted to the Company, TMA or CPM. If you are unable to comply with the above instructions, please so advise the undersigned immediatelyPatents.
Appears in 1 contract
Attention. Please endorse the notes as follows: Please ship the loan documents either by ____________________ or by such other courier service as we have designated to you as "approved". ." The courier shall act as an independent contractor bailee acting solely on your behalf as Collateral Agent for the Secured Parties Lenders (as defined in in) that certain Second Amended and Restated Security and Collateral Agency Agreement dated as of November 12___________, 1996, as the same may be amended, extended or replaced from time to time), but we acknowledge and agree that you are not responsible for any delays in shipment caused by courier or any other actions or inactions of the courier, including, without limitation, any loss of any loan documents; however, because the Commitment expires on _______________, 199_, we ask that you deliver the loan documents to the courier no later than _________________, 199_. Please have the courier bill ▇▇▇▇ us by using our acct #____________. If you should have any questions, or should feel the need for additional documentation, please do not hesitate to call _______________. [SOURCE ONE _____ EMERGENT MORTGAGE SERVICES CORPORATIONCORP., a Delaware corporationSouth Carolina corporation By: Name: Title: EXHIBIT 5 TO SECURITY AGREEMENT (Investor/Custodian-Trustee) FORM OF WHOLE LOAN SALE TRANSMITTAL LETTER (LETTERHEAD OF COLLATERAL AGENT] [THE MORTGAGE AUTHORITY, a Delaware corporation] [CENTRAL PACIFIC MORTGAGE COMPANY, a California corporation] ByDate:________________________________ Name:______________________________ Title:_____________________________ EXHIBIT 4 TO SECURITY AGREEMENT (Direct Dear [Investor) Date:____________ Name of Delivery Service:____________________________________ Airbill No.:____________________ FORM OF WHOLE LOAN SALE TRANSMITTAL LETTER [LETTERHEAD OF COLLATERAL AGENT/Custodian-Trustee] [Approved Investor] _________________________ _________________________ Re: Source One Emergent Mortgage Services Corporation; Corp.: Sale of Mortgage Loans Attached please find those Mortgage Loans listed separately on the attached schedule, which Mortgage Loans are owned by SOURCE ONE EMERGENT MORTGAGE SERVICES CORPORATION CORP., a South Carolina corporation (the "Company"), THE MORTGAGE AUTHORITY, ("TMA"), a wholly-owned subsidiary of the Company, or CENTRAL PACIFIC MORTGAGE COMPANY ("CPM"), a wholly-owned subsidiary of the Company, ) and are being delivered to you for purchasepurchase or for whole loan purchase and certification in connection with the formation of a mortgage pool supporting the issuance of a mortgage-backed security. The Mortgage Loans comprise a portion of the Collateral under (and as the term "Collateral" and capitalized terms not otherwise defined herein are defined in) that certain Second Amended and Restated Revolving Credit Mortgage Loan Warehousing Agreement dated as of November ___________, 1996 by and among the Company, TMAthe Collateral Agent, CPM, The First National Bank of Chicagothe Administrative Agent and the lenders party thereto from time to time, as Agent, and the Lenders thereunderamended or modified from time to time. Each of the Mortgage Loans is subject to a security interest in favor of National City Bank of Kentucky (the "Collateral Agent") undersigned on behalf of the Secured Parties "Lenders", as defined in that certain Security and Collateral Agency Agreement dated as of ____________, 1996 by and among the Company, the Administrative Agent and the Collateral Agent, as amended or modified from time to time, which security interest shall be automatically released upon your remittance of the full amount of the purchase price of such Mortgage Loan (as set forth on the schedule attached hereto) by wire transfer to the following accountaccount of the Company: WIRE INSTRUCTIONS TO SETTLEMENT ACCOUNT: _________________________ _________________________ _________________________ Pending your purchase of each Mortgage Loan and until payment therefor is received, the aforesaid security interest therein will remain in full force and effect, and you shall hold possession of such Collateral and the documentation evidencing same as custodian, agent and bailee for and on behalf of the Secured PartiesLenders. In the event any Mortgage Loan is unacceptable for purchasepurchase or pool formation, return the rejected item directly to the Collateral Agent at the address set forth below. In no event shall any Mortgage Loan be returned, or sales proceeds remitted, to the Company. The Mortgage Loan must be so returned or sales proceeds remitted in full no later than [forty-five (45) days][UNLESS DELIVERED TO A GOVERNMENT HOUSING PROGRAM WHICH IS NOT A FEDERAL AGENCY] [seventy-five (75) days][IN THE CASE OF DELIVERY TO A GOVERNMENT HOUSING WHICH IS NOT A FEDERAL AGENCY] days from the date hereof. In no event shall any Mortgage Loan Loans be returned or sales proceeds relating thereto be remitted to the Company, TMA or CPM. If you are unable to comply with the above instructions, please so advise the undersigned immediately.
Appears in 1 contract
Sources: Mortgage Loan Warehousing Agreement (Emergent Group Inc)
Attention. Please endorse the notes as follows: Please ship the loan documents either by ____________________ or by such other courier service as we have designated to you as "approved". The courier shall act as an independent contractor bailee acting solely on your behalf as Collateral Agent for the Secured Parties (as defined in that certain Second Third Amended and Restated Security and Collateral Agency Agreement dated as of November 12July __, 19961997, as the same may be amended, extended or replaced from time to time), but we acknowledge and agree that you are not responsible for any delays in shipment caused by courier or any other actions or inactions of the courier, including, without limitation, any loss of any loan documents; however, because the Commitment expires on _______________, 199_, we ask that you deliver the loan documents to the courier no later than _______________, 199_. Please have the courier bill ▇▇ by using our acct #__________. If you should have any questions, or should feel the need for additional documentation, please do not hesitate to call _______________. [SOURCE ONE MORTGAGE SERVICES CORPORATION, a Delaware corporation] [THE MORTGAGE AUTHORITY, a Delaware corporation] [CENTRAL PACIFIC MORTGAGE COMPANY, a California corporation] By:________________________________ Name:______________________________ Title:_____________________________ EXHIBIT 4 TO SECURITY AGREEMENT (Direct Investor) Date:____________ Name of Delivery Service:____________________________________ Airbill No.:____________________ FORM OF WHOLE LOAN SALE TRANSMITTAL LETTER [LETTERHEAD OF COLLATERAL AGENT] [Approved Investor] _________________________ _________________________ Re: Source One Mortgage Services Corporation; Sale of Mortgage Loans Attached please find those Mortgage Loans listed separately on the attached schedule, which Mortgage Loans are owned by SOURCE ONE MORTGAGE SERVICES CORPORATION (the "Company"), THE MORTGAGE AUTHORITY, ("TMA"), a wholly-owned subsidiary of the Company, or CENTRAL PACIFIC MORTGAGE COMPANY ("CPM"), a wholly-owned subsidiary of the Company, and are being delivered to you for purchase. The Mortgage Loans comprise a portion of the Collateral under (and as the term "Collateral" and capitalized terms not otherwise defined herein are defined in) that certain Second Third Amended and Restated Revolving Credit Agreement dated as of November July__, 1996 1997 by and among the Company, TMA, CPM, The First National Bank of Chicago, as Agent, and the Lenders thereunder. Each of the Mortgage Loans is subject to a security interest in favor of National City Bank of Kentucky (the "Collateral Agent") on behalf of the Secured Parties which security interest shall be automatically released upon your remittance of the full amount of the purchase price of such Mortgage Loan (as set forth on the schedule attached hereto) by wire transfer to the following account: WIRE INSTRUCTIONS TO SETTLEMENT ACCOUNT: _________________________ _________________________ _________________________ Pending your purchase of each Mortgage Loan and until payment therefor is received, the aforesaid security interest therein will remain in full force and effect, and you shall hold possession of such Collateral and the documentation evidencing same as custodian, agent and bailee for and on behalf of the Secured Parties. In the event any Mortgage Loan is unacceptable for purchase, return the -49- 50 rejected item directly to the Collateral Agent at the address set forth below. The Mortgage Loan must be so returned or sales proceeds remitted in full no later than [forty-five (45) days][UNLESS DELIVERED TO A GOVERNMENT HOUSING PROGRAM WHICH IS NOT A FEDERAL AGENCY] [seventy-five (75) days][IN THE CASE OF DELIVERY TO A GOVERNMENT HOUSING WHICH IS NOT A FEDERAL AGENCY] from the date hereof. In no event shall any Mortgage Loan be returned or sales proceeds remitted to the Company, TMA or CPM. If you are unable to comply with the above instructions, please so advise the undersigned immediately.
Appears in 1 contract
Sources: Security and Collateral Agency Agreement (Source One Mortgage Services Corp)
Attention. Please endorse the notes as follows: Please ship the loan documents either by ____________________ or by such other courier service as we have designated to you as "approved". The courier shall act as an independent contractor bailee acting solely on your behalf as Collateral Agent for the Secured Parties (as defined in that certain Second Amended and Restated Security and Collateral Agency Credit Agreement dated as of November 12June 20, 19961997, by and among the Borrower, The First National Bank of Chicago, as agent and certain lenders, as the same may be amended, extended or replaced from time to timetime and to which reference is made for the definitions of all capitalized terms used herein), but we acknowledge and agree that you are not responsible for any delays in shipment caused by the courier or any other actions or inactions of the courier, including, without limitation, any loss of any loan documents; however, because the Commitment expires on _______________, 199__, we ask that you deliver the loan documents to the courier no later than _______________, 199__. Please have the courier bill ▇▇ by using our acct #__________. If you should have any questions, or should feel the need for additional documentation, please do not hesitate to call _______________. [SOURCE ONE MEGO MORTGAGE SERVICES CORPORATION, a Delaware corporation] [THE MORTGAGE AUTHORITY, a Delaware corporation] [CENTRAL PACIFIC MORTGAGE COMPANY, a California corporation] corporation By:________________________________ : ---------------------------------------- Name:______________________________ : -------------------------------------- Title:_____________________________ : ------------------------------------- EXHIBIT 4 TO SECURITY AGREEMENT (Direct Investor) Date:____________ Name of Delivery Service:____________________________________ Airbill No.:____________________ FORM OF WHOLE LOAN SALE TRANSMITTAL LETTER ------------------------------------------ [LETTERHEAD OF COLLATERAL AGENT] Date: Name of Delivery Service: ------------------ ------------------------ Airbill No.: ------------------------ [Approved Investor] _________________________ _________________________ ----------------- ------------------------------ ------------------------------ Re: Source One Mego Mortgage Services Corporation; Sale of Mortgage Qualifying Loans Attached please find those Mortgage Qualifying Loans listed separately on the attached schedule, which Mortgage Qualifying Loans are owned by SOURCE ONE MEGO MORTGAGE SERVICES CORPORATION (the "CompanyBorrower"), THE MORTGAGE AUTHORITY, ("TMA"), a wholly-owned subsidiary of the Company, or CENTRAL PACIFIC MORTGAGE COMPANY ("CPM"), a wholly-owned subsidiary of the Company, ) and are being delivered to you for purchase. The Mortgage Qualifying Loans comprise a portion of the Collateral under (and as the term "Collateral" and capitalized terms not otherwise defined herein are defined in) that certain Second Amended and Restated Revolving Credit Agreement dated as of November __June 20, 1996 1997 by and among the CompanyBorrower, TMA, CPM, The First National Bank of Chicago, as Agent, the Agent and the Lenders thereunder, as amended from time to time. Each of the Mortgage Qualifying Loans is subject to a security interest in favor of National City Bank of Kentucky (the "Collateral Agent") undersigned on behalf of the Secured Parties which security interest shall be automatically released upon your remittance of the full amount of the purchase price of such Mortgage Qualifying Loan (as set forth on the schedule attached hereto) by wire transfer to the following accountaccount of the Borrower: WIRE INSTRUCTIONS TO SETTLEMENT ACCOUNT: _________________________ _________________________ _________________________ ---------------------------------------- ---------------------------------------- ---------------------------------------- Pending your purchase of each Mortgage Qualifying Loan and until payment therefor is received, the aforesaid security interest therein will remain in full force and effect, and you shall hold possession of such Collateral and the documentation evidencing same as custodian, agent and bailee for and on behalf of the Secured Parties. In the event any Mortgage Qualifying Loan is unacceptable for purchase, return the rejected item directly to the Collateral Agent at the address set forth below. The Mortgage Qualifying Loan must be so returned or sales proceeds remitted in full no later than [fortytwenty-five (4525) days][UNLESS DELIVERED TO A GOVERNMENT HOUSING PROGRAM WHICH IS NOT A FEDERAL AGENCY] [seventy-five (75) days][IN THE CASE OF DELIVERY TO A GOVERNMENT HOUSING WHICH IS NOT A FEDERAL AGENCY] days from the date hereof. In no event shall any Mortgage Qualifying Loan be returned or sales proceeds remitted to the Company, TMA or CPMBorrower. If you are unable to comply with the above instructions, please so advise the undersigned immediately.
Appears in 1 contract
Sources: Security and Collateral Agency Agreement (Mego Mortgage Corp)