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 Fourth Amended and Restated Security and Collateral Agency Agreement dated as of July 10, 1998, 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 xx 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 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") 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 Fourth Amended and Restated Revolving Credit Agreement dated as of July 10, 1998 by and among the Company, 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. If you are unable to comply with the above instructions, please so advise the undersigned immediately.
Appears in 1 contract
Samples: Security Agreement (Source One Mortgage Services Corp)
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 Fourth Amended and Restated Security and Collateral Agency Agreement dated as of July 10, 1998, 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 xx bxxx 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 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 Florida limited liability company (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 , , by and are being delivered to you for purchase. The Mortgage Loans comprise a portion between the Company and ------------------------ -------- -------- Lender (the "Agreement"), of the Collateral under following described property (and as the term "Collateral" and capitalized terms not otherwise defined herein are defined in) Trust Property"), possession of which is herewith entrusted to the Company for the purposes set forth below: Mortgage Loan No. Note Amount: ------------------------ -------------------- Obligor: --------------------------------- Purpose: [Specify nature of clerical or other documentation problem to be corrected.] The Company hereby acknowledges that certain Fourth Amended and Restated Revolving Credit Agreement dated as of July 10, 1998 by and among the Company, 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 the Trust Property and in the proceeds of National City Bank the Trust Property has been granted to the Lender pursuant to the Agreement. In consideration of Kentucky the delivery of the Trust Property by the Lender to the Company, 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 other documentation has been released under trust receipts, does not exceed $500,000.00. BANC NLC MORTGAGE LENDING, LLC By: -------------------------- Name: ------------------------ Title: ----------------------- -63- Delivery to 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 "Collateral AgentAgreement"), 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") on behalf and which accompany this certificate were prepared in accordance with GAAP and present fairly the financial condition of Company as of the Secured Parties which security interest shall be automatically released upon your remittance end of the full amount Reporting Period and the results of its operations for the Reporting Period; (c) a review of the purchase price Agreement and of such Mortgage Loan (as set forth on the schedule attached hereto) by wire transfer activities of the Company during the Reporting Period has been made under my supervision with a view to determining Company's compliance with the following account: WIRE INSTRUCTIONS TO SETTLEMENT ACCOUNT: ______________________________ ______________________________ ______________________________ Pending your purchase of each Mortgage Loan and until payment therefor is receivedcovenants, the aforesaid security interest therein will remain in full force and effectrequirements, terms, and you shall hold possession of such Collateral and the documentation evidencing same as custodian, agent and bailee for and on behalf conditions of the Secured Parties. In Agreement, and such review has not disclosed the event any Mortgage Loan is unacceptable for purchase, return the rejected item directly to the Collateral Agent existence during or at the address set forth below. The Mortgage Loan must be so returned or sales proceeds remitted in full end of the Reporting Period (and I have 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 knowledge of the existence as of the date hereof. In no event shall ) of any Mortgage Loan be returned Event of Default or sales proceeds remitted 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 Company. If you are unable to comply calculations described on the attached Annex evidence that the Company is in compliance with the above instructionsrequirements of Sections 7.5 and 7.6 of the Agreement at the end of the Reporting Period (or if Company is not in compliance, please so advise showing the undersigned immediatelyextent 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
Samples: 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 Fourth Amended and Restated Security and Collateral Agency Agreement dated as of July 10, 1998, 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 xx 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 By:________________________________ : Name:______________________________ : Title:_____________________________ 39 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") 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 Fourth 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 July 10January 31, 1998 1997, by and among the CompanyGrantor, The Chase Manhattan Bank, as 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. 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 Fourth Amended and Restated Security and Collateral Agency Agreement dated as of July 10June 30, 19982004, 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 xx xxxx 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 limited liability company 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") 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 Fourth Amended and Restated Revolving Credit Agreement dated as of July 10, 1998 by and among the Company, 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 Fifth Amended and Restated Revolving Credit Agreement dated as of June 30, 2004 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 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 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 CompanyPMC or PFI. If you are unable to comply with the above instructions, please so advise the undersigned immediately.
Appears in 1 contract
Samples: Security and Collateral Agency Agreement (Pulte Homes Inc/Mi/)
Attention. Please endorse Until the notes Collateral has been purchased by you in accordance with the Purchase Agreement and the Purchase Price has been remitted or credited and received in full by us, as followsset forth above, (a) the Collateral shall remain subject to the liens and security interests granted by the Borrower to us as Lender and (b) the Collateral shall be held by you only for your inspection and shall not be delivered or released to any party (including, without limitation, the Borrower) other than us or our designee identified by us to you in writing. Upon receipt by us of the Purchase Price in full in immediately available funds in the account specified above, our security interest in the Collateral so purchased shall automatically terminate and be cancelled and released without notice or demand. Upon your written request to us, we shall provide you with appropriate filings, registrations or recordings necessary to effect such termination, cancellation and release. Until such time as you have paid the Purchase Price, we shall have the right to require you at any time, by written notice to you, to immediately deliver and return the Collateral to us at the Lender's Address. Notwithstanding the foregoing, unless the Purchase Price shall have been received by us, you agree to deliver and return the Collateral to us for our receipt at the Lender's Address by no later than the date which is [20] calendar days after the date of this letter without any notice, demand or other action by us. Purchaser agrees that the Purchase Price paid to the Lender with respect to any particular Collateral shall not be reduced due to any adjustments without the prior written approval of the Lender. If you are in agreement with the foregoing, please have the enclosed copy of this letter duly executed by your authorized officer and return it to us at the Lender's Address. In the event that the foregoing is not acceptable to you please deliver and return to us immediately the Collateral at the Lender's Address by same-day or overnight courier delivery. In the event we do not receive a copy of this letter duly executed by you, then you shall be deemed to have accepted possession of the Collateral as bailee for us, effective the date first written above, subject to the security interest described above and upon the terms described above. This letter shall be governed and construed in accordance with the laws of the State of New York. Three Executive Campus GE CAPITAL MORTGAGE SERVICES, Xxxxxx Xxxx, X.X. 00000 INC., as Lender Attention: Please ship the loan documents either by _______________ By___________________________ or by such other courier service as we have designated Name: Title: Agreed 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 Fourth Amended and Restated Security and Collateral Agency Agreement dated accepted as of July 10, 1998, 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 xx 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 date first written above: [INSERT NAME OF INVESTOR] 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") 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 Fourth Amended and Restated Revolving Credit Agreement dated as of July 10, 1998 by and among the Company, 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. If you are unable to comply with the above instructions, please so advise the undersigned immediately.Enclosures
Appears in 1 contract
Samples: Bailee Agreement (Imc Mortgage Co)
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 Fourth Amended and Restated Security and Collateral Agency Credit Agreement dated as of July 10__________, 19982000, 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 ______________, 20_, 199__, we ask that you deliver the loan documents to the courier no later than _________________, 19920___. Please have the courier bill xx xxxx 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 ___ XxXXXXX MORTGAGE SERVICES CORPORATIONSERVICES, INC., a Delaware Massachusetts corporation By:________________________________________ Name:______________________________ Title:_____________________________ 39 EXHIBIT 4 TO SECURITY AGREEMENT (Direct Investor) Date:____________ Name of Delivery ServiceTitle:_____________________________________ Airbill No.:EXHIBIT 5 TO SECURITY AGREEMENT (DIRECT INVESTOR) FORM OF WHOLE LOAN SALE TRANSMITTAL LETTER [LETTERHEAD OF LENDER] -------------, ---- Dear [Approved Investor]: Enclosed is(are) _____ original promissory note(s) in the original principal amount of $_________________ FORM OF WHOLE LOAN SALE TRANSMITTAL LETTER [LETTERHEAD OF COLLATERAL AGENT] [Approved Investor] ("Notes") evidencing the Mortgage Loans described on the attached SCHEDULE A, along with other related documents (collectively, "Collateral"). A security interest in the Collateral has been granted to First Union National Bank ("FUNB") by XxXxxxx Mortgage Services, Inc. ("Seller"). All Collateral now or hereafter delivered to you is to be held by you as a bailee for the benefit of FUNB, and subject to FUNB's direction and control. By taking possession of Collateral, you agree to the terms of 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 (ABA #000000000) at Xxx Xxxxx Xxxxx Xxxxxx, Xxxxxxxxx, XX 00000-0000, for the account of XxXxxxx Mortgage Services, Inc. (Acct. #_________________________ ). Please reference the Mortgagor(s)' name on the wire instructions. Upon FUNB's receipt of proceeds in an amount which is equal to or greater than the Unit Collateral Value of the Collateral so sold, FUNB's security interest in the Collateral shall terminate without further action. The Collateral has not been assigned or transferred by FUNB to any other party and FUNB has not recorded any security interests therein. Notes which are not accepted for purchase, together with all other related documents, should be returned, within 31 days after the date of this letter to: First Union National Bank, Xxx Xxxxx Xxxxx Xxxxxx, Xxxxxxxxx, XX 00000-0000, Attention: ______________, Corporate Banking Group Loan Operations, CORP-2, TW-18. Please do not honor any communications from Seller relating to any Collateral or payment without the written consent of FUNB, or until FUNB has received proceeds of the sale of such Note(s). Do not deliver any Collateral or payment to any third party without the written consent of FUNB. If you have any questions, please feel free to call. Very truly yours, First Union National Bank By:___________ 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") 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 Fourth Amended and Restated Revolving Credit Agreement dated as of July 10, 1998 by and among the Company, 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: ______________________________ ________________________ ________________________ Specialized Industries/Mortgage Banking (704) ____ - ______ ***UPON RECEIPT*** NOTE: By accepting the mortgage loan(s) delivered to you with this letter, you consent to be the custodian, agent and bailee for the lenders on the terms described in this letter. The above-signed, as collateral agent, requests that you acknowledge receipt of the enclosed mortgage loan(s) and this letter by signing and returning the enclosed copy of this letter and attached SCHEDULE A to the above-signed; however, your failure to do so does not nullify such consent. ____________________________ ______________________________ Pending your purchase Agreed and Accepted by Date authorized representative 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 Approved Investor] SCHEDULE 1 TO A GOVERNMENT HOUSING PROGRAM WHICH IS NOT A FEDERAL AGENCY] [seventy-five (75) days][IN THE CASE SECURITY AGREEMENT LIST 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. If you are unable to comply with the above instructions, please so advise the undersigned immediately.SERVICING CONTRACTS ASSIGNED
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 Fourth Amended and Restated Security and Collateral Agency Agreement dated as of July 10___________, 19981996, 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 xx xxxx 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 South Carolina corporation By: Name: Title: EXHIBIT 5 TO SECURITY AGREEMENT (Investor/Custodian-Trustee) FORM OF WHOLE LOAN SALE TRANSMITTAL LETTER (LETTERHEAD OF COLLATERAL AGENT] Date:________________________________ Name:______________________________ Title:_____________________________ 39 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") 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 Fourth Amended and Restated Revolving Credit Mortgage Loan Warehousing Agreement dated as of July 10___________, 1998 1996 by and among the Company, The First National Bank of Chicagothe Collateral Agent, the 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. If you are unable to comply with the above instructions, please so advise the undersigned immediately.
Appears in 1 contract
Samples: 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 (Lender, as defined in that certain Fourth Amended and Restated Security and Collateral Agency Mortgage Loan Warehousing Agreement dated as of July 10____________, 1998, 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 xx xxxx 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 California corporation By:________________________________ Name:______________________________ Title:______________________ EXHIBIT 5A TO SECURITY AGREEMENT (Direct Investor) FORM OF WHOLE LOAN SALE TRANSMITTAL LETTER [LETTERHEAD OF LENDER] __________ 39 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 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 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 SOURCE ONE MORTGAGE SERVICES CORPORATION Westmark Mortgage Corporation, a California corporation (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 Fourth Amended and Restated Revolving Credit Mortgage Loan Warehousing Agreement dated as of July 10___________, 1998 by and among between the Company, The First National Bank of ChicagoCompany as borrower and the undersigned as lender ("Lender"), 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 Lender, as set forth in that certain Security Agreement dated as of Kentucky (____________, 1998 by and between the "Collateral Agent") on behalf of the Secured Parties which 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 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 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 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. 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 followsTelecopy: Please ship the loan documents either by __________--------------- Re: [__________ or by such other courier service as we have designated Corporate Units] [______ Treasury Units] of Teekay Shipping Corporation, a corporation duly incorporated and existing under the laws of the Republic of The Marshall Islands (the "Company") Please refer 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 Fourth Amended and Restated Security and Collateral Agency Agreement Purchasx Xxxxxxct Agreement, dated as of July 10February __, 19982003 (the "Purchase Contract Agreement"; unless otherwise defined herein, terms defined in the Purchase Contract Agreement are used herein as defined therein), between the Company and the undersigned, as Purchase Contract Agent and as attorney-in-fact for the same may be amended, extended or replaced holders of Corporate Units and Treasury Units from time to time. We hereby notify you that a Termination Event has occurred and that [the Notes] [the Treasury Securities] compromising a portion of your ownership interest in _____ [Corporate Units] [Treasury Units] have been released and are being held by us for your account pending receipt of transfer instructions with respect to such [Notes][Treasury Securities] (the "Released Securities"), but we acknowledge and agree that you are not responsible for any delays in shipment caused by courier or any other actions or inactions . Pursuant to Section 3.15 of the courierPurchase Contract Agreement, includingwe hereby request written transfer instructions with respect to the Released Securities. Upon receipt of your instructions and upon transfer to us of your [Corporate Units][Treasury Units] effected through book-entry or by delivery to us of your [Corporate Units Certificate][Treasury Units Certificate], without limitationwe shall transfer the Released Securities by book-entry transfer or other appropriate procedures, in accordance with your instructions. In the event you fail to effect such transfer or delivery, the Released Securities and any loss distributions thereon, shall be held in our name, or a nominee in trust for your benefit, until such time as such [Corporate Units][Treasury Units] are transferred or your [Corporate Units Certificate] [Treasury Units Certificate] is surrendered or satisfactory evidence is provided that such [Corporate Units Certificate][Treasury Units Certificate] has been destroyed, lost or stolen, together with any indemnification that we or the Company may require. Date: By: THE BANK OF NEW YORK, as the Purchase Contract Agent Name: ---------------------------------- Title: Authorized Signatory EXHIBIT E NOTICE TO SETTLE BY CASH The Bank of any loan documents; howeverNew York 101 Barclay Street New York, because the Commitment expires on New York 10286 Fax: (212) 815-5802/03 Atxx: Xxxxxxxxx Xxxxx Division Re: _______ Corporatx Xxxxx xx Xxxkay Shipping Corporation a corporation duly incorporated and existing under the laws of the Republic of The Marshall Islands (the "Company") The undersigned Holder herexx xxxxxocably notifies you in accordance with Section 5.02 of the Purchase Contract Agreement, dated as of February __, 2003 (the "Purchase Contract Agreement"; unless otherwise defined herein, terms defined in the Purchase Contract Agreement are used herein as defined therein), between the Company and you, as Purchase Contract Agent and as Attorney-in-Fact for the Holders of the Purchase Contracts, that such Holder has elected to pay to the Securities Intermediary for deposit in the Collateral Account, prior to or on 5:00 p.m. (New York City time) on the fourth Business Day immediately preceding the Purchase Contract Settlement Date (in lawful money of the United States by certified or cashiers' check or wire transfer, in immediately available funds), $______ as the Purchase Price for the shares of Common Stock issuable to such Holder by the Company with respect to ____, 199_, we ask that _ Purchase Contracts on the Purchase Contract Settlement Date. The undersigned Holder hereby instructs you deliver to notify promptly the loan documents Collateral Agent of the undersigned Holder's election to make such Cash Settlement with respect to the courier no later than _______________Purchase Contracts related to such Holder's Corporate Units. Date: ---------------------------------------- Signature Signature Guarantee: ------------------- Please print name and address of Registered Holder: EXHIBIT F NOTICE FROM PURCHASE CONTRACT AGENT TO COLLATERAL AGENT (Settlement of Purchase Contract through Remarketing) The Bank of New York The Collateral Agent 101 Barclay Street New York, 199_. Please have the courier bill xx 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 By:______________________New York 10286 Fax: (212) 815-5802/03 Atxx: Xxxxxxxxx Xxxxx Division Re: __________ Name:Corpoxxxx Xxxxx xx Teekay Shipping Corporation, a corporation duly incorporated and existing under the laws of the Republic of The Marshall Islands (the "Company") Please refer to the Purchasx Xxxxxxct Agreement, dated as of February ________________________, 2003 (the "Purchase Contract Agreement"; unless otherwise defined herein, terms defined in the Purchase Contract Agreement are used herein as defined therein), between the Company and the undersigned, as Purchase Contract Agent and as attorney-in-fact for the Holders of Corporate Units from time to time. In accordance with Section 5.02 of the Purchase Contract Agreement and, based on notices of [Early Settlements][Cash Settlements] received from Holders of Corporate Units as of 5:00 p.m. (New York City time), on the fifth Business Day immediately preceding the ______ Title:_______________________Remarketing Date, we hereby notify you that an aggregate principal amount of $______ 39 EXHIBIT 4 TO SECURITY AGREEMENT (Direct Investor) Notes is to be tendered for purchase in the Remarketing. Date:____________ Name of Delivery Service:____________________________________ Airbill No.:____________________ FORM : By: THE BANK 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 scheduleNEW YORK, which Mortgage Loans are owned by SOURCE ONE MORTGAGE SERVICES CORPORATION (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 Fourth Amended and Restated Revolving Credit Agreement dated as of July 10, 1998 by and among the Company, 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 accountPurchase Contract Agent Name: WIRE INSTRUCTIONS TO SETTLEMENT ACCOUNT---------------------------------- Title: ______________________________ ______________________________ ______________________________ 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. If you are unable to comply with the above instructions, please so advise the undersigned immediately.Authorized Signatory
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 Fourth Third Amended and Restated Security and Collateral Agency Agreement dated as of July 10___________, 19982003, 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 xx xxxx 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 limited liability company 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") 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 Fourth Amended and Restated Revolving Credit Agreement dated as of July 10, 1998 by and among the Company, 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 CompanyPMC or PFI. 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 Fourth Amended and Restated Security and Collateral Agency Agreement dated as of July 10, 1998, 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 xx 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 By:_______________________________________ Name:______________________________ Title:_____________________________ 39 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") 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 Fourth Amended and Restated Revolving Credit Agreement dated as of July 10, 1998 by and among the Company, 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: ______________________________ ___________________________, 19___ The undersigned,______________________________ Pending your purchase _______________, 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 each Mortgage Loan April _____, 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 of the Trust Property has been granted to the Lender pursuant to the Agreement. In consideration of the delivery of the Trust Property by the Lender to the Company, the Company hereby agrees to hold the Trust Property in full 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 [fortythe 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-five family Mortgage Loans with respect to which notes or other documentation has been released under trust receipts, does not exceed $500,000.00. , ------------------------------------------- a -------------------- By: --------------------------------------- Name: ------------------------------------- Title: ------------------------------------ Delivery to 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 (45the "Agreement"), all the defined terms of which have the same meanings when used herein. The undersigned officer hereby certifies that: (a) days][UNLESS DELIVERED TO A GOVERNMENT HOUSING PROGRAM WHICH IS NOT A FEDERAL AGENCY] [seventy-five I am, and at all times mentioned herein have been, the duly elected, qualified, and acting officer of the Company designated below; (75b) days][IN THE CASE OF DELIVERY TO A GOVERNMENT HOUSING WHICH IS NOT A FEDERAL AGENCY] from 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 covenants, requirements, terms, and conditions of the Agreement, 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. In no event shall ) of any Mortgage Loan be returned Event of Default or sales proceeds remitted 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 Company. If you are unable to comply calculations described on the attached ANNEX "A" evidence that the Company is in compliance with the above instructionsrequirements of Sections 7.4, please so advise 7.5, 7.6, 7.7, and 7.8 of the undersigned immediatelyAgreement 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
Samples: 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". 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 Fourth Fifth Amended and Restated Security and Collateral Agency Agreement dated as of July 10May ___, 19982006, 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 xx xxxx 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 limited liability company 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 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 LLC (the "CompanyPMC") and/or PULTE FUNDING, INC. ("PFI") 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 Fourth Sixth Amended and Restated Revolving Credit Agreement dated as of July 10May __, 1998 2006 by and among the CompanyPMC, The First National Bank of ChicagoJPMorgan Chase Bank, N.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 000-000-00 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 CompanyPMC or PFI. If you are unable to comply with the above instructions, please so advise the undersigned immediately.
Appears in 1 contract
Samples: 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"1. The courier Offer is being made by the Acquirers and PACs pursuant to regulation 11(1) of Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 1997 and subsequent amendments thereof (SEBI (SAST) Regulations, 1997) for Consolidation of Holdings. 2. The Offer is not a Conditional Offer. 3. As on the date of this Letter of Offer, the Offer is not subject to any statutory and regulatory approvals, however, it will be subject to statutory approvals that may become applicable at a later date. 4. Shareholders who have accepted the Offer by tendering the requisite documents, in terms of the Public Announcement / Letter of Offer, can withdraw the same up to three working days prior to the date of closure of the offer i.e. upto March 08, 2011, Tuesday. 5. If there is any upward revision in the Offer Price by the Acquirers upto seven working days prior to the date of closure i.e. upto March 02, 2011, Wednesday, the same would be informed by way of a Public Announcement in the same newspapers where the original Public Announcement had appeared. Such revision in the Offer Price would be payable for all the equity shares tendered anytime during the Offer Period. 6. If there is a Competitive Bid: 6.1. The Public Offers under all the subsisting bids shall act as an independent contractor bailee acting solely close on your behalf as Collateral Agent the same date. 0.0.Xx the Offer Price cannot be revised during 7 working days prior to the closing date of the offers / bids, it would, therefore, be in the interest of shareholders to wait till the commencement of that period to know the final Offer Price of each bid and tender their acceptance accordingly. 7. A copy of Public Announcement, Letter of Offer (Form of Acceptance cum Acknowledgement and Form of Withdrawal) are also available on SEBI's web-site: xxx.xxxx.xxx.xx. FOR PROCEDURE FORACCEPTANCE OFTHIS OPEN OFFER PLEASE REFER SECTION 9 "PROCEDURE FORACCEPTANCEAND SETTLEMENT OF THE OFFER" (PAGE NOS. 29 TO 30) FORM OFACCEPTANCE-CUM-ACKNOWLEDGEMENTAND FORM OF WITHDRAWALARE ENCLOSED WITHTHIS LETTER OF OFFER. All future correspondence, if any, should be addressed to the Manager / Registrar to the Offer at the following addresses: MANAGER TO THE OFFER REGISTRAR TO THE OFFER Corporate Professionals Capital Private Limited D-00, Xxxxx Xxxx. Part-I, New Delhi - 110049 Contact Person: Mr. Xxxxx Xxxxx Ph.: 00-00-00000000,Fax: 00-00-00000000 Email: xxxxx@xxxxxxx.xxx ALANKIT ASSIGNMENTS LIMITED 0X/00, Xxxxxxxxxxx Xxxx, Xxx Xxxxx-000000 Contact Person: Xxxx Xxxxxx Xxxxxxx and Shri Y P Sachdev Ph: 000-00000000, 00000000, Fax No.: 000-00000000 Email: xxxxx.xxxxxxxxx@xxxxxxx.xxx OFFER OPENS ON: February 23, 2011, Wednesday OFFER CLOSES ON: March 14, 2011, Monday SCHEDULE OF THE MAJOR ACTIVITIES OF THE OFFER ACTIVITY ORIGINAL DATE AND DAY REVISED DATE AND DAY Date of Public Announcement October 18, 2010, Monday October 18, 2010, Monday Specified Date* November 12, 2010, Friday November 12, 2010, Friday Last date for a competitive bid November 08, 2010, Monday November 08, 2010, Monday Date by which Letter of Offer will be dispatched to the shareholders November 27, 2010, Saturday February 19, 2011,Saturday Offer Opening Date December 08, 2010, Wednesday February 23, 2011, Wednesday Last date for revising the Offer price/number of shares December 16, 2010, Thursday March 02, 2011, Wednesday Last date for withdrawal by shareholders December 22, 2010, Wednesday March 08, 2011, Tuesday Offer Closing Date December 27, 2010, Monday March 14, 2011, Monday Date by which the acceptance/rejection would be intimated and the corresponding payment for the Secured Parties (as defined in that certain Fourth Amended acquired shares and Restated Security and Collateral Agency Agreement dated as /or the share certificate for the rejected shares will be dispatched January 11, 2011, Tuesday March 29, 2011, Tuesday *Specified date is only for the purpose of July 10, 1998, as determining 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 names of the courier, including, without limitation, any loss shareholders as on such date to whom the letter 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_offer would be sent. Please have the courier bill xx 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 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") 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 Fourth Amended and Restated Revolving Credit Agreement dated as of July 10, 1998 by and among the Company, 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. If you are unable to comply with the above instructions, please so advise the undersigned immediately.RISK FACTORS
Appears in 1 contract
Samples: Letter of Offer
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 Fourth Amended and Restated Security and Collateral Agency Agreement dated as of July 10, 1998, 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 xx 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 HONOLULU MORTGAGE SERVICES CORPORATIONCOMPANY, a Delaware corporation INC. By:_______: _________________________ Name:_______: _______________________ Title:_____________________________ 39 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") 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 Fourth 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 July 10January 31, 1998 1997, by and among the CompanyGrantor, The Chase Manhattan Bank, as 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. 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. The Mortgage Loan must be so returned or sales proceeds remitted in full no later than forty-five (45) days from the date hereof. 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 (as defined in that certain Fourth Third Amended and Restated Security and Collateral Agency Agreement dated as of July 10__, 19981997, 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 xx 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 corporation] [THE MORTGAGE AUTHORITY, a Delaware corporation] [CENTRAL PACIFIC MORTGAGE COMPANY, a California 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 Fourth Third Amended and Restated Revolving Credit Agreement dated as of July 10July__, 1998 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
Samples: 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 Fourth Amended and Restated Security and Collateral Agency Credit Agreement dated as of July 10June 20, 19981997, 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 xx 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 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] 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") 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 Fourth Amended and Restated Revolving Credit Agreement dated as of July 10June 20, 1998 1997 by and among the CompanyBorrower, 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 CompanyBorrower. 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 Lenders (as defined in that certain Fourth Second Amended and Restated Security and Collateral Agency Agreement dated as of July 10August 19, 19982005, 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 xx 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 By:________________________________ Name:______________________________ Title:_____________________________ 39 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") 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 Fourth Second Amended and Restated Revolving Credit Loan Agreement dated entered into as of July 10August 19, 1998 by and 2005 among the CompanyBorrower, The First National Bank of Chicagothe Issuers parties thereto, the Managing Agents parties thereto, the 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 0000000 with JPMorgan, NA, ABA# 000000000 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. 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 Lenders (as defined in that certain Fourth Amended and Restated Security and Collateral Agency Agreement dated as of July 10August 23, 19982002, 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 xx 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 By:________________________________ Name:______________________________ Title:_____________________________ 39 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") 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 Fourth Amended and Restated Revolving Credit Loan Agreement dated entered into as of July 10August 23, 1998 by and 2002 among the CompanyBorrower, The First National Bank of Chicagothe Issuers parties thereto, the Managing Agents parties thereto, the 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 0000000 with Bank One, NA, ABA# 000000000 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. 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 Fourth Second Amended and Restated Security and Collateral Agency Agreement dated as of July 10November 12, 19981996, 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 xx 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 corporation] [THE MORTGAGE AUTHORITY, a Delaware corporation] [CENTRAL PACIFIC MORTGAGE COMPANY, a California 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 Fourth Second Amended and Restated Revolving Credit Agreement dated as of July 10November __, 1998 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
Samples: 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 (Lender, as defined in that certain Fourth Amended and Restated Security and Collateral Agency Mortgage Loan Warehousing Agreement dated as of July 10__________, 19981994, 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 xx 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 South Carolina corporation By:: ------------------------- Name: ----------------------- Title: ---------------------- EXHIBIT 5 TO SECURITY AGREEMENT (INVESTOR) FORM OF WHOLE LOAN SALE TRANSMITTAL LETTER [LETTERHEAD OF LENDER] __________ __, 1994 Dear [Investor]: Enclosed is(are) _______ original promissory note(s) in the original principal amount of $_________________ Name:______________________________ Title:_____________________________ 39 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 (collectively, "Collateral"). A security interest in the Collateral has been granted to First Union National Bank of North Carolina ("CompanyFUNB") and are being by Carolina Investors, Inc. ("Seller"). All Collateral now or 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 Fourth Amended and Restated Revolving Credit Agreement dated as of July 10, 1998 by and among the Company, 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 #053000000) xx One Xxxxx Xxxxx Xxxxxx, Xxxxxxxxx, XX 00000-0000, xxr 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. If you are unable to comply with the above instructions, please so advise the undersigned immediately.
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