P., a good Delaware minimal partnership, since same finished sometimes

P., a good Delaware minimal partnership, since same finished sometimes

Burden shall mean any lien, mortgage, deed of trust, right-of-way, right of setoff, assessment, security interest, pledge, lease, attachment, adverse claim, levy, charge, easement, restriction, license, encumbrance, or other similar restriction or any conditional sale Contract, title retention Contract, option to purchase or lease, right of first refusal or offer, restriction on transfer, preemptive right or other Contract giving rise to any of the foregoing.

Escrow Membership shall mean all escrow and impound accounts relating to the HELOCs including, without limitation, all accounts established for purposes of receiving funds for Escrow Money, suspense, buydown funds, unapplied balances, replacement reserve balances, loss draft balances (including interest accrued thereon for the benefit of the Mortgagors under the HELOCs if required by applicable Law or the applicable Mortgage Files), completion escrow monies and any other miscellaneous cash balances held with respect to the HELOCs.

Escrow Payments shall mean, with respect to any HELOC, to the extent applicable, the amounts constituting ground rents, taxes, assessments, water rates, sewer rents, municipal charges, mortgage insurance premiums, fire and hazard insurance premiums, flood insurance premiums, condominium charges and other payments required to be escrowed by the Mortgagor with the

Mortgagee pursuant toward regards to people HELOC, the fresh new relevant Mortgage or other document regarding related Financial File otherwise Collateral Document.

Existing Upkeep Agreement shall mean the Third Amended and Restated Flow Servicing Agreement, dated , by and between Servicer and PennyMac Operating Partnership, L.

will indicate, for the big date, the rate yearly (circular upwards, if required, on nearby step one/100th of just one%) equal to the typical of the rates on the overnight government finance purchases that have people in the latest Government Reserve Program arranged because of the government fund agents on the including time, because authored by this new Federal Set-aside Lender of the latest York to your the firm Date second succeeding such as go out; so long as when the for example big date isnt a corporate Big date or the fresh new isnt so penned for any go out, the new having like time will likely be instance rate to www.paydayloanalabama.com/piedmont/ the instance deals on 2nd Working day given that thus composed towards second thriving Business day.

Government Financing Speed

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FIRREA shall mean, Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 and any regulations promulgated thereunder, each as amended, and in effect as of the applicable date of determination.

Freddie Mac shall mean the entity formally known as the Federal Home Loan Mortgage Corporation (FHLMC) or any successor thereto.

Fundamental Representations shall mean, with respect to Seller, the representations in Areas 4.step 1, cuatro.2(a), cuatro.2(b), 4.2(c)(i), cuatro.2(c)(iv), 4.step 3 and cuatro.8 and, with respect to Purchaser, the representations in Sections 5.step one, 5.2(a), 5.2(b), 4.2(c)(i) and 5.2(c)(iv).

shall suggest one relevant national, supranational, federal, state, regional, provincial or other political, regulatory otherwise management power, agency or percentage otherwise people courtroom, tribunal, or official otherwise arbitral body regarding skilled legislation.

HELOCs shall mean all adjustable-rate, first and second lien revolving home equity line of credit loans identified on the related Mortgage Loan Schedule including, to extent related thereto, all scheduled and unscheduled payments, liquidation proceeds, insurance proceeds, condemnation proceeds, real estate owned disposition proceeds, any escrow amounts related to the HELOC, all Additional Balances with respect thereto, the related Mortgage Files and all other rights, benefits, proceeds and obligations arising from or in connection with the HELOC.

HELOC Interest rate shall mean the rate of interest borne on such HELOC in accordance with the applicable Credit Agreement.

Governmental Organization

Higher Pricing Financing shall mean a HELOC that is (a) a high cost mortgage loan under the Home Ownership and Equity Protection Act of 1994, as amended, (b) a high cost home, threshold, covered, high risk home, predatory, abusive, or similarly defined loan, including refinance loans, under any other applicable state, federal or local law or regulation (or a similarly classified loan using different terminology under a law imposing heightened regulatory scrutiny or additional legal liability for residential mortgage loans having high interest rates, points and/or fees) or (c) categorized as High Cost pursuant to Appendix E of Standard & Poor’s LEVELS Glossary, as revised from time to time. For avoidance of doubt, the parties agree that this definition shall apply to any law regardless of whether such law is presently, or in the future becomes, the subject of judicial review or litigation.


Bryon Howard, RE/MAX House of Real Estate
20, 2439 54 Ave SW, Calgary, Alberta, T3E 1M4
Tel: 403-287-3880 (Re/Max) or 403-475-7368 (office) Fax: 403-287-3876 or 403-276-8049 (office)
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