Common use of Fees and Expenses of Arbiters Clause in Contracts

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Monthly Certificate SEE FOLLOWING PAGE 77 Pursuant to Section 2.1 of the Single Family Shared-Loss Agreement, the undersigned hereby certifies the information on this Certificate is true, complete and correct. OFFICER SIGNATURE OFFICER NAME: TITLE Exhibit 2a This exhibit contains three versions of the loss share calculation for foreclosure, plus explanatory notes. Exhibit 2a(1) CALCULATION OF FORECLOSURE LOSS Foreclosure Occurred Prior to Loss Share Agreement 1 Shared-Loss Month May-09 2 Loan no: 364574 3 REO # 621 4 Foreclosure date 12/18/08 5 Liquidation date 4/12/09 6 Note Interest rate 8.100 % 7 Most recent BPO 228,000 8 Most recent BPO date 1/21/09 Foreclosure Loss calculation 9 Book value at date of Loss Share agreement 244,900 10 Accrued interest, limited to 90 days or days from failure to sale, whichever is less 3,306 11 Costs incurred after Loss Share agreement in place: 12 Attorney’s fees 0 13 Foreclosure costs, including title search, filing fees, advertising, etc. 0 14 Property protection costs, maint. and repairs 6,500 15 Tax and insurance advances 0 Other Advances 16 Appraisal/Broker’s Price Opinion fees 0 17 Inspections 0 18 Other 0 19 Gross balance recoverable by Purchaser 254,706 Cash Recoveries: 20 Net liquidation proceeds (from HUD-1 sett stmt) 219,400 21 Hazard Insurance proceeds 0 22 Mortgage Insurance proceeds 0 23 T & I escrow account balances, if positive 0 24 Other credits, if any (itemize) 0 25 Total Cash Recovery 219,400 26 Loss Amount 35,306 Exhibit 2a(2) CALCULATION OF FORECLOSURE LOSS No Preceeding Loan Mod under Loss Share 1 Shared-Loss Month May-09 2 Loan no: 292334 3 REO # 477 4 Interest paid-to-date 4/30/08 5 Foreclosure date 1/15/09 6 Liquidation date 4/12/09 7 Note Interest rate 8.000 % 8 Owner occupied? Yes 9 If owner-occupied: 10 Borrower current gross annual income 42,000 11 Estimated NPV of loan mod 195,000 12 Most recent BPO 235,000 13 Most recent BPO date 1/21/09 Foreclosure Loss calculation 16 Loan Principal balance after last paid installment 300,000 17 Accrued interest, limited to 90 days 6,000 18 Attorney’s fees 0 19 Foreclosure costs, including title search, filing fees, advertising, etc. 4,000 20 Property protection costs, maint. and repairs 5,500 21 Tax and insurance advances 1,500 Other Advances 22 Appraisal/Broker’s Price Opinion fees 0 23 Inspections 50 24 Other 0 25 Gross balance recoverable by Purchaser 317,050 Cash Recoveries: 26 Net liquidation proceeds (from HUD-1 settl stmt) 205,000 27 Hazard Insurance proceeds 0 28 Mortgage Insurance proceeds 0 29 T & I escrow account balances, if positive 0 30 Other credits, if any (itemize) 0 31 Total Cash Recovery 205,000 32 Loss Amount 112,050 Exhibit 2a(3) CALCULATION OF FORECLOSURE LOSS Foreclosure after a Covered Loan Mod 1 Shared-Loss Month May-09 2 Loan no: 138554 3 REO # 843 4 Loan mod date 1/17/08 5 Interest paid-to-date 4/30/08 6 Foreclosure date 1/15/09 7 Liquidation date 4/12/09 8 Note Interest rate 4.000 % 9 Most recent BPO 210,000 10 Most recent BPO date 1/20/09 Foreclosure Loss calculation 11 NPV of projected cash flows at loan mod 285,000 12 Less: Principal payments between loan mod and deliquency 2,500 13 Plus:

Appears in 2 contracts

Samples: Purchase and Assumption Agreement (STATE BANK FINANCIAL Corp), Purchase and Assumption Agreement (State Bank Financial Corp)

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Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Exhibit 1 Monthly Certificate SEE FOLLOWING PAGE 77 Pursuant to Section 2.1 of the Single Family Shared-Loss Agreement, the undersigned hereby certifies the information on this Certificate is true, complete and correct. OFFICER SIGNATURE OFFICER NAME: TITLE Exhibit 2a This exhibit contains three versions of the loss share calculation for foreclosure, plus explanatory notes. Exhibit 2a(1) CALCULATION OF FORECLOSURE LOSS Foreclosure Occurred Prior to Loss Share Agreement 1 Shared-Loss Month May-09 2 Loan no: 364574 3 REO # 621 4 Foreclosure date 12/18/08 5 Liquidation date 4/12/09 6 Note Interest rate 8.100 % 7 Most recent BPO 228,000 8 Most recent BPO date 1/21/09 Foreclosure Loss calculation 9 Book value at date of Loss Share agreement 244,900 10 Accrued interest, limited to 90 days or days from failure to sale, whichever is less 3,306 11 Costs incurred after Loss Share agreement in place: 12 Attorney’s fees 0 13 Foreclosure costs, including title search, filing fees, advertising, etc. 0 14 Property protection costs, maint. and repairs 6,500 15 Tax and insurance advances 0 Other Advances 16 Appraisal/Broker’s Price Opinion fees 0 17 Inspections 0 18 Other 0 19 Gross balance recoverable by Purchaser 254,706 Cash Recoveries: 20 Net liquidation proceeds (from HUD-1 sett settl stmt) 219,400 21 Hazard Insurance proceeds 0 22 Mortgage Insurance proceeds 0 23 T & I escrow account balances, if positive 0 24 Other credits, if any (itemize) 0 25 Total Cash Recovery 219,400 26 Loss Amount 35,306 Exhibit 2a(2) CALCULATION OF FORECLOSURE LOSS No Preceeding Loan Mod under Loss Share 1 Shared-Loss Month May-09 2 Loan no: 292334 3 REO # 477 4 Interest paid-to-date 4/30/08 5 Foreclosure date 1/15/09 6 Liquidation date 4/12/09 7 Note Interest rate 8.000 % 8 Owner occupied? Yes 9 If owner-occupied: 10 Borrower current gross annual income 42,000 11 Estimated NPV of loan mod 195,000 12 Most recent BPO 235,000 13 Most recent BPO date 1/21/09 Foreclosure Loss calculation 16 Loan Principal balance after last paid installment 300,000 17 Accrued interest, limited to 90 days 6,000 18 Attorney’s fees 0 19 Foreclosure costs, including title search, filing fees, advertising, etc. 4,000 20 Property protection costs, maint. and repairs 5,500 21 Tax and insurance advances 1,500 Other Advances 22 Appraisal/Broker’s Price Opinion fees 0 23 Inspections 50 24 Other 0 25 Gross balance recoverable by Purchaser 317,050 Cash Recoveries: 26 Net liquidation proceeds (from HUD-1 settl stmt) 205,000 27 Hazard Insurance proceeds 0 28 Mortgage Insurance proceeds 0 29 T & I escrow account balances, if positive 0 30 Other credits, if any (itemize) 0 31 Total Cash Recovery 205,000 32 Loss Amount 112,050 Exhibit 2a(3) CALCULATION OF FORECLOSURE LOSS Foreclosure after a Covered Loan Mod 1 Shared-Loss Month May-09 2 Loan no: 138554 3 REO # 843 4 Loan mod date 1/17/08 5 Interest paid-to-date 4/30/08 6 Foreclosure date 1/15/09 7 Liquidation date 4/12/09 8 Note Interest rate 4.000 % 9 Most recent BPO 210,000 10 Most recent BPO date 1/20/09 Foreclosure Loss calculation 11 NPV of projected cash flows at loan mod 285,000 12 Less: Principal payments between loan mod and deliquency 2,500 13 Plus:)

Appears in 2 contracts

Samples: Purchase and Assumption Agreement (New York Community Bancorp Inc), Purchase and Assumption Agreement (Southern National Bancorp of Virginia Inc)

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Monthly Certificate SEE FOLLOWING PAGE 77 Pursuant to Section 2.1 of the Single Family 80 CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 Shared-Loss AgreementPeriod Ended: (Dollars) Calculation of Amount Due from (to) FDIC FDIC % Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 FDIC % Share x 0 % x 80 % 7. Amount Due from (to) FDIC 0 + 0 + = — Preparer name: Preparer signature Preparer title: Officer name: Officer signature Officer title: Date: CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, the undersigned hereby certifies the information on this Certificate is true, complete and correct. OFFICER SIGNATURE OFFICER NAME: TITLE Exhibit 2a This exhibit contains three versions of the loss share calculation for foreclosure, plus explanatory notes. Exhibit 2a(1) CALCULATION OF FORECLOSURE LOSS Foreclosure Occurred Prior to Loss Share Agreement 1 2009 Shared-Loss Month May-09 2 Loan noPeriod Ended: 364574 3 REO # 621 4 Foreclosure date 12/18/08 5 Liquidation date 4/12/09 6 Note Interest rate 8.100 (Dollars) Calculation of Amount Due from (to) FDIC FDIC % 7 Most recent BPO 228,000 8 Most recent BPO date 1/21/09 Foreclosure Loss calculation 9 Book value Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 3. Cumulative loss from commercial and other pool 0 0 0 4. Total cumulative losses at date beg of Loss period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 6. Cumulative loss at end of period 0 0 0 FDIC % Share agreement 244,900 10 Accrued interest, limited to 90 days or days from failure to sale, whichever is less 3,306 11 Costs incurred after Loss Share agreement in place: 12 Attorney’s fees x 0 13 Foreclosure costs, including title search, filing fees, advertising, etc. 0 14 Property protection costs, maint. and repairs 6,500 15 Tax and insurance advances 0 Other Advances 16 Appraisal/Broker’s Price Opinion fees 0 17 Inspections 0 18 Other 0 19 Gross balance recoverable by Purchaser 254,706 Cash Recoveries: 20 Net liquidation proceeds (from HUD-1 sett stmt) 219,400 21 Hazard Insurance proceeds 0 22 Mortgage Insurance proceeds 0 23 T & I escrow account balances, if positive 0 24 Other credits, if any (itemize) 0 25 Total Cash Recovery 219,400 26 Loss Amount 35,306 Exhibit 2a(2) CALCULATION OF FORECLOSURE LOSS No Preceeding Loan Mod under Loss Share 1 Shared-Loss Month May-09 2 Loan no: 292334 3 REO # 477 4 Interest paid-to-date 4/30/08 5 Foreclosure date 1/15/09 6 Liquidation date 4/12/09 7 Note Interest rate 8.000 % 8 Owner occupied? Yes 9 If owner-occupied: 10 Borrower current gross annual income 42,000 11 Estimated NPV of loan mod 195,000 12 Most recent BPO 235,000 13 Most recent BPO date 1/21/09 Foreclosure Loss calculation 16 Loan Principal balance after last paid installment 300,000 17 Accrued interest, limited to 90 days 6,000 18 Attorney’s fees 0 19 Foreclosure costs, including title search, filing fees, advertising, etc. 4,000 20 Property protection costs, maint. and repairs 5,500 21 Tax and insurance advances 1,500 Other Advances 22 Appraisal/Broker’s Price Opinion fees 0 23 Inspections 50 24 Other 0 25 Gross balance recoverable by Purchaser 317,050 Cash Recoveries: 26 Net liquidation proceeds (from HUD-1 settl stmt) 205,000 27 Hazard Insurance proceeds 0 28 Mortgage Insurance proceeds 0 29 T & I escrow account balances, if positive 0 30 Other credits, if any (itemize) 0 31 Total Cash Recovery 205,000 32 Loss Amount 112,050 Exhibit 2a(3) CALCULATION OF FORECLOSURE LOSS Foreclosure after a Covered Loan Mod 1 Shared-Loss Month May-09 2 Loan no: 138554 3 REO # 843 4 Loan mod date 1/17/08 5 Interest paid-to-date 4/30/08 6 Foreclosure date 1/15/09 7 Liquidation date 4/12/09 8 Note Interest rate 4.000 % 9 Most recent BPO 210,000 10 Most recent BPO date 1/20/09 Foreclosure Loss calculation 11 NPV of projected cash flows at loan mod 285,000 12 Less: Principal payments between loan mod and deliquency 2,500 13 Plus:x 80 %

Appears in 2 contracts

Samples: Purchase and Assumption Agreement (State Bank Financial Corp), Purchase and Assumption Agreement (STATE BANK FINANCIAL Corp)

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Exhibit 1 Monthly Certificate SEE FOLLOWING PAGE 77 Pursuant to Section 2.1 of the Single Family Shared-Module 1 – Whole Bank w/ Loss AgreementShare – P&A Version 1.12 November 17, the undersigned hereby certifies the information on this Certificate is true2009 78 FIRST REGIONAL BANK Los Angeles, complete and correct. OFFICER SIGNATURE OFFICER NAME: TITLE CA Module 1 – Whole Bank w/ Loss Share – P&A Version 1.12 November 17, 2009 79 FIRST REGIONAL BANK Los Angeles, CA Module 1 – Whole Bank w/ Loss Share – P&A Version 1.12 November 17, 2009 80 FIRST REGIONAL BANK Los Angeles, CA Exhibit 2a This exhibit contains three versions of the loss share calculation for foreclosure, plus explanatory notes. Exhibit 2a(1) CALCULATION OF FORECLOSURE LOSS Foreclosure Occurred Prior to Loss Share Agreement 1 Shared-Loss Month May-09 2 Loan no: 364574 3 REO # 621 4 Foreclosure date 12/18/08 5 Liquidation date 4/12/09 6 Note Interest rate 8.100 % 7 Most recent BPO 228,000 8 Most recent BPO date 1/21/09 Foreclosure Loss calculation 9 Book value at date of Loss Share agreement 244,900 10 Accrued interest, limited to 90 days or days from failure to sale, whichever is less 3,306 11 Costs incurred after Loss Share agreement in place: 12 Attorney’s fees 0 13 Foreclosure costs, including title search, filing fees, advertising, etc. 0 14 Property protection costs, maint. and repairs 6,500 15 Tax and insurance advances 0 Other Advances 16 Appraisal/Broker’s Price Opinion fees 0 17 Inspections 0 18 Other 0 19 Gross balance recoverable by Purchaser 254,706 Cash Recoveries: 20 Net liquidation proceeds (from HUD-1 sett settl stmt) 219,400 21 Hazard Insurance proceeds 0 22 Mortgage Insurance proceeds 0 23 T & I escrow account balances, if positive 0 24 Other credits, if any (itemize) 0 25 Total Cash Recovery 219,400 26 Loss Amount 35,306 Module 1 – Whole Bank w/ Loss Share – P&A Version 1.12 November 17, 2009 81 FIRST REGIONAL BANK Los Angeles, CA Exhibit 2a(2) CALCULATION OF FORECLOSURE LOSS No Preceeding Loan Mod under Loss Share 1 Shared-Loss Month May-09 2 Loan no: 292334 3 REO # 477 4 Interest paid-to-date 4/30/08 5 Foreclosure date 1/15/09 6 Liquidation date 4/12/09 7 Note Interest rate 8.000 % 8 Owner occupied? Yes 9 If owner-occupied: 10 Borrower current gross annual income 42,000 11 Estimated NPV of loan mod 195,000 12 Most recent BPO 235,000 13 Most recent BPO date 1/21/09 Foreclosure Loss calculation 16 Loan Principal balance after last paid installment 300,000 17 Accrued interest, limited to 90 days 6,000 18 Attorney’s fees 0 19 Foreclosure costs, including title search, filing fees, advertising, etc. 4,000 20 Property protection costs, maint. and repairs 5,500 21 Tax and insurance advances 1,500 Other Advances 22 Appraisal/Broker’s Price Opinion fees 0 23 Inspections 50 24 Other 0 25 Gross balance recoverable by Purchaser 317,050 Cash Recoveries: 26 Net liquidation proceeds (from HUD-1 settl stmt) 205,000 27 Hazard Insurance proceeds 0 28 Mortgage Insurance proceeds 0 29 T & I escrow account balances, if positive 0 30 Other credits, if any (itemize) 0 31 Total Cash Recovery 205,000 32 Loss Amount 112,050 Module 1 – Whole Bank w/ Loss Share – P&A Version 1.12 November 17, 2009 82 FIRST REGIONAL BANK Los Angeles, CA Exhibit 2a(3) CALCULATION OF FORECLOSURE LOSS Foreclosure after a Covered Loan Mod 1 Shared-Loss Month May-09 2 Loan no: 138554 3 REO # 843 4 Loan mod date 1/17/08 5 Interest paid-to-date 4/30/08 6 Foreclosure date 1/15/09 7 Liquidation date 4/12/09 8 Note Interest rate 4.000 % 9 Most recent BPO 210,000 10 Most recent BPO date 1/20/09 Foreclosure Loss calculation 11 NPV of projected cash flows at loan mod 285,000 12 Less: Principal payments between loan mod and deliquency 2,500 13 Plus:

Appears in 2 contracts

Samples: Purchase and Assumption Agreement (First Citizens Bancshares Inc /De/), Purchase and Assumption Agreement (First Citizens Bancshares Inc /De/)

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Exhibit 1 Monthly Certificate SEE FOLLOWING PAGE 77 PART 1 - CURRENT MONTH NET LOSS Specify loss type as Foreclosure, or Short-Sale. MONTH ENDED: [input report month] Losses Loss Loan No. Loss Type Amount Loss Amount is the amount of Loss incurred and reported on the loan in a Loss Month is the reporting month in which the Loss was reported. TOTAL XX A Recoveries Loan No. Recovery Amount Loss Amount Loss Month TOTAL XX B Net Losses (Recoveries) XX C = A - B If Col. D minus Col. E is less than zero, enter zero. PART 2 - FIRST LOSS TEST Col. D - Col. Col. D Col. E E Cumulative Cumulative Loss Amount First Loss Tranche Shared-Loss Amount Balance, beginning of month XX XX XX F Current month Net Losses (from Part 1) XX Balance, end of month XX XX XX G Shared Loss Amount XX G - F Times Loss Share percentage 80% Amount due from (to) FDIC as Receiver XX Pursuant to Section 2.1 of the Single Family Shared-Loss Agreement, the undersigned hereby certifies the information on this Certificate is true, complete and correct. OFFICER SIGNATURE OFFICER NAME: TITLE Exhibit 2a This exhibit contains three versions of the loss share calculation for foreclosure, plus explanatory notes. Exhibit 2a(1) CALCULATION OF FORECLOSURE LOSS Foreclosure Occurred Prior to Loss Share Agreement 1 Shared-Loss Month May-09 2 Loan no: 364574 3 REO # 621 4 Foreclosure date 12/18/08 5 Liquidation date 4/12/09 6 Note Interest rate 8.100 8.100% 7 Most recent BPO 228,000 8 Most recent BPO date 1/21/09 Foreclosure Loss calculation 9 Book value at date of Loss Share agreement 244,900 10 Accrued interest, limited to 90 days or days from failure 10 to sale, whichever is less 3,306 11 Costs incurred after Loss Share agreement in place: 12 Attorney’s 's fees 0 13 Foreclosure costs, including title search, filing fees, 13 advertising, etc. 0 14 Property protection costs, maint. and repairs 6,500 15 Tax and insurance advances 0 Other Advances 16 Appraisal/Broker’s 's Price Opinion fees 0 17 Inspections 0 18 Other 0 19 Gross balance recoverable by Purchaser 254,706 Cash Recoveries: 20 Net liquidation proceeds (from HUD-1 sett settl stmt) 219,400 21 Hazard Insurance proceeds 0 22 Mortgage Insurance proceeds 0 23 T & I escrow account balances, if positive 0 24 Other credits, if any (itemize) 0 25 Total Cash Recovery 219,400 26 Loss Amount 35,306 Exhibit 2a(2) CALCULATION OF FORECLOSURE LOSS No Preceeding Loan Mod under Loss Share 1 Shared-Loss Month May-09 2 Loan no: 292334 3 REO # 477 4 Interest paid-to-date 4/30/08 5 Foreclosure date 1/15/09 6 Liquidation date 4/12/09 7 Note Interest rate 8.000 8.000% 8 Owner occupied? Yes 9 If owner-occupied: 10 Borrower current gross annual income 42,000 11 Estimated NPV of loan mod 195,000 12 Most recent BPO 235,000 13 Most recent BPO date 1/21/09 Foreclosure Loss calculation 16 Loan Principal balance after last paid installment 300,000 17 Accrued interest, limited to 90 days 6,000 18 Attorney’s 's fees 0 19 Foreclosure costs, including title search, filing fees, advertising, etc. 4,000 20 Property protection costs, maint. and repairs 5,500 21 Tax and insurance advances 1,500 Other Advances 22 Appraisal/Broker’s Price Opinion fees 0 23 Inspections 50 24 Other 0 25 Gross balance recoverable by Purchaser 317,050 Cash Recoveries: 26 Net liquidation proceeds (from HUD-1 settl stmt) 205,000 27 Hazard Insurance proceeds 0 28 Mortgage Insurance proceeds 0 29 T & I escrow account balances, if positive 0 30 Other credits, if any (itemize) 0 31 Total Cash Recovery 205,000 32 Loss Amount 112,050 Exhibit 2a(3) CALCULATION OF FORECLOSURE LOSS Foreclosure after a Covered Loan Mod 1 Shared-Loss Month May-09 2 Loan no: 138554 3 REO # 843 4 Loan mod date 1/17/08 5 Interest paid-to-date 4/30/08 6 Foreclosure date 1/15/09 7 Liquidation date 4/12/09 8 Note Interest rate 4.000 % 9 Most recent BPO 210,000 10 Most recent BPO date 1/20/09 Foreclosure Loss calculation 11 NPV of projected cash flows at loan mod 285,000 12 Less: Principal payments between loan mod and deliquency 2,500 13 Plus:,

Appears in 2 contracts

Samples: Purchase and Assumption Agreement, Purchase and Assumption Agreement

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Exhibit 1 Monthly Certificate SEE FOLLOWING PAGE 77 Module 1 – Whole Bank w/ Loss Share – P&A 00 Xxxxxxxxx Xxxx Xxxxxxx 0.00 Xxxxxxx, XX November 17, 2009 Module 1 – Whole Bank w/ Loss Share – P&A 00 Xxxxxxxxx Xxxx Xxxxxxx 0.00 Xxxxxxx, XX November 17, 2009 Pursuant to Section 2.1 of the Single Family Shared-Loss Agreement, the undersigned hereby certifies the information on this Certificate is true, complete and correct. OFFICER SIGNATURE OFFICER NAME: TITLE Module 1 – Whole Bank w/ Loss Share – P&A 00 Xxxxxxxxx Xxxx Xxxxxxx 0.00 Xxxxxxx, XX November 17, 2009 Exhibit 2a This exhibit contains three versions of the loss share calculation for foreclosure, plus explanatory notes. Exhibit 2a(1) CALCULATION OF FORECLOSURE LOSS Foreclosure Occurred Prior to Loss Share Agreement 1 Shared-Loss Month May-09 2 Loan no: 364574 3 REO # 621 4 Foreclosure date 12/18/08 5 Liquidation date 4/12/09 6 Note Interest rate 8.100 % 7 Most recent BPO 228,000 8 Most recent BPO date 1/21/09 Foreclosure Loss calculation 9 Book value at date of Loss Share agreement 244,900 10 Accrued interest, limited to 90 days or days from failure 10 to sale, whichever is less 3,306 11 Costs incurred after Loss Share agreement in place: 12 Attorney’s fees 0 13 Foreclosure costs, including title search, filing fees, advertising, etc. 0 14 Property protection costs, maint. and repairs 6,500 15 Tax and insurance advances 0 Other Advances 16 Appraisal/Broker’s Price Opinion fees 0 17 Inspections 0 18 Other 0 19 Gross balance recoverable by Purchaser 254,706 Cash Recoveries: 20 Net liquidation proceeds (from HUD-1 sett stmt) 219,400 21 Hazard Insurance proceeds 0 22 Mortgage Insurance proceeds 0 23 T & I escrow account balances, if positive 0 24 Other credits, if any (itemize) 0 25 Total Cash Recovery 219,400 26 Loss Amount 35,306 Exhibit 2a(2) CALCULATION OF FORECLOSURE LOSS No Preceeding Loan Mod under Loss Share 1 Shared-Loss Month May-09 2 Loan no: 292334 3 REO # 477 4 Interest paid-to-date 4/30/08 5 Foreclosure date 1/15/09 6 Liquidation date 4/12/09 7 Note Interest rate 8.000 % 8 Owner occupied? Yes 9 If owner-occupied: 10 Borrower current gross annual income 42,000 11 Estimated NPV of loan mod 195,000 12 Most recent BPO 235,000 13 Most recent BPO date 1/21/09 Foreclosure Loss calculation 16 Loan Principal balance after last paid installment 300,000 17 Accrued interest, limited to 90 days 6,000 18 Attorney’s fees 0 19 Foreclosure costs, including title search, filing fees, advertising, etc. 4,000 20 Property protection costs, maint. and repairs 5,500 21 Tax and insurance advances 1,500 Other Advances 22 Appraisal/Broker’s Price Opinion fees 0 23 Inspections 50 24 Other 0 25 Gross balance recoverable by Purchaser 317,050 Cash Recoveries: 26 Net liquidation proceeds (from HUD-1 settl stmt) 205,000 27 Hazard Insurance proceeds 0 28 Mortgage Insurance proceeds 0 29 T & I escrow account balances, if positive 0 30 Other credits, if any (itemize) 0 31 Total Cash Recovery 205,000 32 Loss Amount 112,050 Exhibit 2a(3) CALCULATION OF FORECLOSURE LOSS Foreclosure after a Covered Loan Mod 1 Shared-Loss Month May-09 2 Loan no: 138554 3 REO # 843 4 Loan mod date 1/17/08 5 Interest paid-to-date 4/30/08 6 Foreclosure date 1/15/09 7 Liquidation date 4/12/09 8 Note Interest rate 4.000 % 9 Most recent BPO 210,000 10 Most recent BPO date 1/20/09 Foreclosure Loss calculation 11 NPV of projected cash flows at loan mod 285,000 12 Less: Principal payments between loan mod and deliquency 2,500 13 Plus:

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Umpqua Holdings Corp)

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Monthly Certificate SEE FOLLOWING PAGE 77 Pursuant to Section 2.1 of the Single Family Shared-Loss Agreement, the undersigned hereby certifies the information on this Certificate is true, complete and correct. OFFICER SIGNATURE OFFICER NAME: TITLE 90 91 92 Exhibit 2a This exhibit contains three versions of the loss share calculation for foreclosure, plus explanatory notes. Exhibit 2a(12.1(c) CALCULATION OF FORECLOSURE LOSS Foreclosure Occurred Prior to Loss Share Agreement 1 Shared-Loss Month May-09 2 Loan no: 364574 3 REO # 621 ID 4 Foreclosure Property type 5 Lien 7 Documentation 8 Original FICO 9 Original LTV 10 Original combined LTV 11 Original front-end DTI 12 Original back-end DTI 13 Negative Amortization cap 14 Property city 15 Property state 16 Property street address 17 Property zip 18 Maturity date 12/18/08 5 Liquidation date 4/12/09 6 Note 19 MI Coverage 20 Occupancy 21 Interest rate 8.100 % 7 Most recent BPO 228,000 8 Most recent BPO date 1/21/09 Foreclosure Loss calculation 9 Book value at date of Loss Share agreement 244,900 10 Accrued interest, limited to 90 days or days from failure to sale, whichever is less 3,306 11 Costs incurred after Loss Share agreement in place: 12 Attorney’s fees 0 13 Foreclosure costs, including title search, filing fees, advertising, etc. 0 14 Property protection costs, maint. and repairs 6,500 15 Tax and insurance advances 0 Other Advances 16 Appraisal/Broker’s Price Opinion fees 0 17 Inspections 0 18 Other 0 19 Gross balance recoverable by Purchaser 254,706 Cash Recoveries: 20 Net liquidation proceeds (from HUD-1 sett stmt) 219,400 21 Hazard Insurance proceeds 0 type 22 Mortgage Insurance proceeds 0 Product Type 23 T & I escrow account balances, if positive 0 Loan amortization type 24 Other credits, if any (itemize) 0 Lookback 25 Total Cash Recovery 219,400 Margin 26 Loss Amount 35,306 Exhibit 2a(2) CALCULATION OF FORECLOSURE LOSS No Preceeding Loan Mod under Loss Share 1 Shared-Loss Month May-09 2 Loan no: 292334 3 REO # 477 4 Interest paid-to-date 4/30/08 5 Foreclosure date 1/15/09 6 Liquidation date 4/12/09 7 Note Interest rate 8.000 % 8 Owner occupied? Yes 9 If owner-occupied: 10 Borrower current gross annual income 42,000 11 Estimated NPV of loan mod 195,000 12 Most recent BPO 235,000 13 Most recent BPO date 1/21/09 Foreclosure Loss calculation 16 Loan Principal balance after last paid installment 300,000 17 Accrued interest, limited to 90 days 6,000 18 Attorney’s fees 0 19 Foreclosure costs, including title search, filing fees, advertising, etc. 4,000 20 Property protection costs, maint. and repairs 5,500 21 Tax and insurance advances 1,500 Other Advances 22 Appraisal/Broker’s Price Opinion fees 0 23 Inspections 50 24 Other 0 25 Gross balance recoverable by Purchaser 317,050 Cash Recoveries: 26 Net liquidation proceeds (from HUD-1 settl stmt) 205,000 index 27 Hazard Insurance proceeds 0 28 Mortgage Insurance proceeds 0 29 T & I escrow account balances, if positive 0 30 Other credits, if any (itemize) 0 31 Total Cash Recovery 205,000 32 Loss Amount 112,050 Exhibit 2a(3) CALCULATION OF FORECLOSURE LOSS Foreclosure after a Covered Loan Mod 1 Shared-Loss Month May-09 2 Loan no: 138554 3 REO # 843 4 Loan mod date 1/17/08 5 Interest paid-to-date 4/30/08 6 Foreclosure date 1/15/09 7 Liquidation date 4/12/09 8 Note Interest rate 4.000 % 9 Most recent BPO 210,000 10 Most recent BPO cap 28 Interest rate floor 29 First interest cap 30 Periodic interest cap 31 Periodic interest floor 32 Pay Cap 33 UPB 34 Interest rate 35 Paid-to date 1/20/09 Foreclosure Loss calculation 11 NPV of projected cash flows at loan mod 285,000 12 Less: Principal payments between loan mod and deliquency 2,500 13 Plus:36 Next payment due date 37 Scheduled payment 38 Escrow payment 95 39 Escrow balance 40 Next interest rate reset date 41 Next payment reset date 42 Rate reset period 43 Payment reset period 44 Payment History 45 Exceptional Loan Status 46 Valuation date 47 Valuation amount 48 Valuation type 49 Household income 50 Current FICO 51 Maximum Draw Amount 52 Draw period 53 Superior Lien Balance Notes to Exhibits 2a (restructuring)

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Simmons First National Corp)

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Exhibit 1 Monthly Certificate SEE FOLLOWING PAGE 77 Module 1 – Whole Bank w/ Loss Share – P&A Unity National Bank Version 2.01 Cartersville, Georgia February 24, 2010 83 PART 1 - CURRENT MONTH NET LOSS MONTH ENDED: [input report month] Losses Loan No. Loss Type Loss Amount TOTAL XX A Recoveries Loan No. Recovery Amount Loss Amount Loss Month TOTAL XX B Net Losses (Recoveries) XX C = A - B PART 2 - FIRST LOSS TEST Col. D Col. E Col. D -Col. E Cumulative Loss Amount First Loss Tranche Cumulative Shared-Loss Amount Balance, beginning of month XX XX XX F Current month Net Losses (from Part 1) XX Balance, end of month XX XX XX G Shared Loss Amount XX G - F Times Loss Share percentage 80 % Amount due from (to) FDIC as Receiver XX Module 1 – Whole Bank w/ Loss Share – P&A Unity National Bank Version 2.01 Cartersville, Georgia February 24, 2010 84 Pursuant to Section 2.1 of the Single Family Shared-Loss Agreement, the undersigned hereby certifies the information on this Certificate is true, complete and correct. OFFICER SIGNATURE OFFICER NAME: TITLE Module 1 – Whole Bank w/ Loss Share – P&A Unity National Bank Version 2.01 Cartersville, Georgia February 24, 2010 85 Exhibit 2a This exhibit contains three versions of the loss share calculation for foreclosure, plus explanatory notes. Exhibit 2a(1) CALCULATION OF FORECLOSURE LOSS Foreclosure Occurred Prior to Loss Share Agreement 1 Shared-Loss Month May-09 2 Loan no: 364574 3 REO # 621 4 Foreclosure date 12/18/08 5 Liquidation date 4/12/09 6 Note Interest rate 8.100 % 7 Most recent BPO 228,000 8 Most recent BPO date 1/21/09 Foreclosure Loss calculation 9 Book value at date of Loss Share agreement 244,900 10 Accrued interest, limited to 90 days or days from failure to sale, whichever is less 3,306 11 Costs incurred after Loss Share agreement in place: 12 Attorney’s fees 0 13 Foreclosure costs, including title search, filing fees, advertising, etc. 0 14 Property protection costs, maint. and repairs 6,500 15 Tax and insurance advances 0 Other Advances 16 Appraisal/Broker’s Price Opinion fees 0 17 Inspections 0 18 Other 0 19 Gross balance recoverable by Purchaser 254,706 Cash Recoveries: 20 Net liquidation proceeds (from HUD-1 sett settl stmt) 219,400 21 Hazard Insurance proceeds 0 22 Mortgage Insurance proceeds 0 23 T & I escrow account balances, if positive 0 24 Other credits, if any (itemize) 0 25 Total Cash Recovery 219,400 26 Loss Amount 35,306 Module 1 – Whole Bank w/ Loss Share – P&A Unity National Bank Version 2.01 Cartersville, Georgia February 24, 2010 86 Exhibit 2a(2) CALCULATION OF FORECLOSURE LOSS No Preceeding Loan Mod under Loss Share 1 Shared-Loss Month May-09 2 Loan no: 292334 3 REO # 477 4 Interest paid-to-date 4/30/08 5 Foreclosure date 1/15/09 6 Liquidation date 4/12/09 7 Note Interest rate 8.000 % 8 Owner occupied? Yes 9 If owner-occupied: 10 Borrower current gross annual income 42,000 11 Estimated NPV of loan mod 195,000 12 Most recent BPO 235,000 13 Most recent BPO date 1/21/09 Foreclosure Loss calculation 16 Loan Principal balance after last paid installment 300,000 17 Accrued interest, limited to 90 days 6,000 18 Attorney’s fees 0 19 Foreclosure costs, including title search, filing fees, advertising, etc. 4,000 20 Property protection costs, maint. and repairs 5,500 21 Tax and insurance advances 1,500 Other Advances 22 Appraisal/Broker’s Price Opinion fees 0 23 Inspections 50 24 Other 0 25 Gross balance recoverable by Purchaser 317,050 Cash Recoveries: 26 Net liquidation proceeds (from HUD-1 settl stmt) 205,000 27 Hazard Insurance proceeds 0 28 Mortgage Insurance proceeds 0 29 T & I escrow account balances, if positive 0 30 Other credits, if any (itemize) 0 31 Total Cash Recovery 205,000 32 Loss Amount 112,050 Module 1 – Whole Bank w/ Loss Share – P&A Unity National Bank Version 2.01 Cartersville, Georgia February 24, 2010 87 Exhibit 2a(3) CALCULATION OF FORECLOSURE LOSS Foreclosure after a Covered Loan Mod 1 Shared-Loss Month May-09 2 Loan no: 138554 3 REO # 843 4 Loan mod date 1/17/08 5 Interest paid-to-date 4/30/08 6 Foreclosure date 1/15/09 7 Liquidation date 4/12/09 8 Note Interest rate 4.000 % 9 Most recent BPO 210,000 10 Most recent BPO date 1/20/09 Foreclosure Loss calculation 11 NPV of projected cash flows at loan mod 285,000 12 Less: Principal payments between loan mod and deliquency 2,500 13 Plus:

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Bank of the Ozarks Inc)

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Monthly Certificate SEE FOLLOWING PAGE 77 Pursuant to Section 2.1 CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 Shared-Loss Period Ended: (Dollars) Calculation of Amount Due from (to) FDIC FDIC % Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 FDIC % Share x 0 % x 80 % 7. Amount Due from (to) FDIC 0 + 0 + = — Preparer name: Preparer signature Preparer title: Officer name: Officer signature Officer title: Date: CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 Shared-Loss Period Ended: (Dollars) Calculation of Amount Due from (to) FDIC FDIC % Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 FDIC % Share x 0 % x 80 % 7. Amount Due from (to) FDIC 0 + 0 + = — Memo: threshold for recovery percentage 0 0 Preparer name: Preparer signature Preparer title: Officer name: Officer signature Officer title: Date: XXXXXXXXX Bank FIN No. Schedule 4.15B Date: Non-Single Family Shared-Loss Agreement Proforma Net Balance* Unfunded Schedule 4.15B as provided $ — $ — Loan Number Name Net Balance Unfunded Explanation (Loan Description) Add the following loans currently included in Schedule 4.15A Non-Single Family Shared-Loss Agreement: Subtotal — — Subtract the following loans currently included in Schedule 4.15B Single Family Shared-Loss Agreement: Subtotal — — Add the following loan not included in either Schedule 4.15A or 4.15B Asset Detail (Must provide documentation) Subtotal — — Add the following Unfunded Commitments (Must provide documentation) Total Adjustments — — Schedule 4.15B Revised Totals $ — $ — Note: Total adjustments should also be reflected in the Certificate filing for the quarter this form is submitted. * Net Balance agrees with amount noted on Schedule 4.15A Single Family Shared-Loss Agreement, or Revised Totals if this form has already been submitted previously. XXXXXXXXX Bank FIN No. Schedule 4.15A Date: Single Family Shared-Loss Agreement Proforma Net Balance* Unfunded Schedule 4.15A as provided $ — $ — Loan Number Name Net Balance Unfunded Explanation (Loan Description) Add the undersigned hereby certifies following loans currently included in Schedule 4.15B Non-Single Family Shared-Loss Agreement: Subtotal — — Subtract the information on this Certificate is true, complete and correct. OFFICER SIGNATURE OFFICER NAMEfollowing loans currently included in Schedule 4.15A Single Family Shared-Loss Agreement: TITLE Add the following loan not included in either Schedule 4.15A or4.15B Asset Detail (Must provide documentation) Subtotal — — Add the following Unfunded Commitments (Must provide documentation) Total Adjustments — — Schedule 4.15A Revised Totals $ — $ — Exhibit 2a This exhibit contains three versions of the loss share calculation for foreclosure, plus explanatory notes. Exhibit 2a(12.1(c) CALCULATION OF FORECLOSURE LOSS Foreclosure Occurred Prior to Loss Share Agreement 1 Shared-Loss Month May-09 2 Loan ID 3 First payment date 4 Property type 5 Lien 7 Documentation 8 Original FICO 9 Original LTV 10 Original combined LTV 11 Original front-end DTI 12 Original back-end DTI 13 Negative Amortization cap 14 Property city 15 Property state 16 Property street address 17 Property zip 18 Maturity date 19 MI Coverage 20 Occupancy 21 Interest rate type 22 Product Type 23 Loan amortization type 24 Lookback 25 Margin 26 Interest rate index 27 Interest rate cap 28 Interest rate floor 29 First interest cap 30 Periodic interest cap 31 Periodic interest floor 32 Pay Cap 33 UPB 34 Interest rate 35 Paid-to date 36 Next payment due date 37 Scheduled payment 38 Escrow payment 39 Escrow balance 40 Next interest rate reset date 41 Next payment reset date 42 Rate reset period 43 Payment reset period 44 Payment History 45 Exceptional Loan Status 46 Valuation date 47 Valuation amount 48 Valuation type 49 Household income 50 Current FICO 51 Maximum Draw Amount 52 Draw period 53 Superior Lien Balance Exhibit 2a (1) CALCULATION OF RESTRUCTURING LOSS - HAMP or FDIC LOAN MODIFICATION 1 Shared-Loss Month 20090531 2 Loan no: 364574 123456 3 REO # 621 Modification Program: HAMP Loan before Restructuring 4 Foreclosure date 12/18/08 Unpaid principal balance 450000 5 Liquidation date 4/12/09 Remaining term 298 6 Note Interest rate 8.100 % 0.06500 7 Most recent BPO 228,000 Next ARM reset rate (if within next 4 months) 0.00000 8 Most recent BPO Interest Paid-To-Date 20081230 9 Delinquency Status FC 10 Monthly payment - P&I 3047 11 Monthly payment - T&I 1000 Total monthly payment 4047 12 Household current annual income 95000 13 Valuation Date 20090121 14 Valuation Amount 425000 15 Valuation Type (Interior/exterior appraisal, BPO, AVM, etc) AVM Terms of Modified/Restructured Loan 17 Modification Effective Date 20090419 18 Net Unpaid Principal Balance (net of forbearance & principal reduction) 467188 19 Principal forbearance 0 20 Principal reduction 0 21 Product (fixed or step) step 22 Remaining amortization term 480 23 Maturity date 1/21/09 Foreclosure 20490119 24 Interest rate 0.02159 25 Next Payment due date 20090601 26 Monthly payment - P&I 1454 27 Monthly payment - T&I 1000 Total monthly payment 2454 28 Next reset date 20140501 29 Interest rate change per adjustment 0.01000 30 Lifetime interest rate cap 0.05530 31 Back end DTI 0.45000 Restructuring Loss calculation 9 Book value at date of Loss Share agreement 244,900 10 Calculation same as Unpaid Principal Balance before 4 above restructuring/modification 450000 34 Accrued interest, limited to 90 days or days from failure to sale, whichever is less 3,306 11 Costs incurred after Loss Share agreement in place: 12 7313 35 Attorney’s fees 0 13 36 Foreclosure costs, including title search, filing fees, advertising, etc. 0 14 500 37 Property protection costs, maint. and repairs 6,500 15 0 38 Tax and insurance advances 0 2500 39 Other Advances 16 Appraisal/Broker’s Price Opinion fees 0 17 100 40 Inspections 0 18 41 Other 0 19 Gross Total loan balance recoverable by Purchaser 254,706 due before restructuring 460413 Cash Recoveries: 20 Net liquidation proceeds (from HUD-1 sett stmt) 219,400 21 Hazard Insurance proceeds 42 MI contribution 0 22 Mortgage Insurance proceeds 43 Other credits 0 23 44 T & I escrow account balances, if positive 0 24 Other credits, if any (itemize) 0 25 Total Cash Recovery 219,400 26 0 Assumptions for Calculating Loss Share Amount, Restructured Loan: 45 Discount rate for projected cash flows 0.05530 46 Loan prepayment in full 120 47 NPV of projected cash flows (see amount schd1) 386927 48 Gain/Loss Amount 35,306 73485 Line item definitions can be found in SFR Data Submission Handbook. Exhibit 2a(2) CALCULATION OF FORECLOSURE RESTRUCTURING LOSS No Preceeding Loan Mod under Loss Share - 2nd FDIC MODIFICATION 1 Shared-Loss Month May-09 20090531 2 Loan no: 292334 123456 3 REO # 477 Modification Program: FDIC Loan before Restructuring 4 Interest paid-to-date 4/30/08 Unpaid principal balance 450000 5 Foreclosure date 1/15/09 Remaining term 298 6 Liquidation date 4/12/09 7 Note Interest rate 8.000 % 0.06500 7 Next ARM reset rate (if within next 4 months) 0.00000 8 Owner occupied? Yes Interest Paid-To-Date 20061230 9 If owner-occupied: Delinquency Status FC 10 Borrower Monthly payment - P&I 3047 11 Monthly payment - T&I 1000 Total monthly payment 4047 12 Household current gross annual income 42,000 11 Estimated 95000 13 Valuation Date 20090121 14 Valuation Amount 425000 15 Valuation Type (Interior/exterior appraisal, BPO, AVM, etc) AVM Terms of Modified/Restructured Loan 17 Modification Effective Date 20090501 18 Net Principal balance (net of forbearance & principal reduction) 467188 19 Principal forbearance 0 20 Principal reduction 0 21 Product (fixed or step) step 22 Remaining amortization term 480 23 Maturity date 20490501 24 Interest rate 0.02159 25 Next Payment due date 20090601 26 Monthly payment - P&I 1454 27 Monthly payment - T&I 1000 Total monthly payment 2464 28 Next reset date 20140501 29 Interest rate change per adjustment 0.01000 30 Lifetime interest rate cap 0.05530 31 Back end DTI 0.45000 Restructuring Loss Calculation 32 Previous NPV of loan mod 195,000 12 Most recent BPO 235,000 13 Most recent BPO date 1/21/09 Foreclosure Loss calculation 16 Loan Principal balance after last paid installment 300,000 17 Accrued interest, limited to 90 days 6,000 18 modification 458740 33 Less: Post modification principal payments 2500 Plus: 35 Attorney’s fees 0 19 36 Foreclosure costs, including title search, filing fees, advertising, etc. 4,000 20 500 37 Property protection costs, maint. and repairs 5,500 21 0 38 Tax and insurance advances 1,500 2500 39 Other Advances 22 Appraisal/Broker’s Price Opinion fees 100 40 Inspections 0 23 Inspections 50 24 41 Other 0 25 Gross Total loan balance recoverable by Purchaser 317,050 due before restructuring 459340 Cash Recoveries: 26 Net liquidation proceeds (from HUD-1 settl stmt) 205,000 27 Hazard Insurance proceeds 42 MI contribution 0 28 Mortgage Insurance proceeds 43 Other credits 0 29 44 T & I escrow account balances, if positive 0 30 Other credits, if any (itemize) 0 31 Total Cash Recovery 205,000 32 0 Assumptions for Calculating Loss Amount 112,050 Exhibit 2a(3) CALCULATION OF FORECLOSURE LOSS Foreclosure after a Covered Share Amount, Restructured Loan: 45 Discount rate for projected cash flows 0.05530 46 Loan Mod 1 Shared-Loss Month May-09 2 Loan no: 138554 3 REO # 843 4 Loan mod date 1/17/08 5 Interest paid-to-date 4/30/08 6 Foreclosure date 1/15/09 7 Liquidation date 4/12/09 8 Note Interest rate 4.000 % 9 Most recent BPO 210,000 10 Most recent BPO date 1/20/09 Foreclosure Loss calculation 11 prepayment in full 120 47 NPV of projected cash flows at loan mod 285,000 12 Less: Principal payments between loan mod and deliquency 2,500 13 Plus:(see amount schd1) 386927 48 Gain/Loss Amount 72413 Line item definitions can be found in SFR Data Submission Handbook. Notes to Exhibits 2a (restructuring)

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Pacwest Bancorp)

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Monthly Certificate SEE FOLLOWING PAGE 77 Pursuant to Section 2.1 of the Single Family Shared-Loss Agreement, the undersigned hereby certifies the information on this Certificate is true, complete and correct. OFFICER SIGNATURE OFFICER NAME: TITLE 80 81 Exhibit 2a This exhibit contains three versions of the loss share calculation for foreclosure, plus explanatory notes. Exhibit 2a(12.1(c) CALCULATION OF FORECLOSURE LOSS Foreclosure Occurred Prior to Loss Share Agreement 1 Shared-Loss Month May-09 2 Loan no: 364574 ID 3 REO # 621 First payment date 4 Foreclosure Property type 5 Lien 7 Documentation 8 Original FICO 9 Original LTV 10 Original combined LTV 11 Original front-end DTI 12 Original back-end DTI 13 Negative Amortization cap 14 Property city 15 Property state 16 Property street address 17 Property zip 18 Maturity date 12/18/08 5 Liquidation date 4/12/09 6 Note 19 MI Coverage 20 Occupancy 21 Interest rate 8.100 % 7 Most recent BPO 228,000 8 Most recent BPO date 1/21/09 Foreclosure Loss calculation 9 Book value at date of Loss Share agreement 244,900 10 Accrued interest, limited to 90 days or days from failure to sale, whichever is less 3,306 11 Costs incurred after Loss Share agreement in place: 12 Attorney’s fees 0 13 Foreclosure costs, including title search, filing fees, advertising, etc. 0 14 Property protection costs, maint. and repairs 6,500 15 Tax and insurance advances 0 Other Advances 16 Appraisal/Broker’s Price Opinion fees 0 17 Inspections 0 18 Other 0 19 Gross balance recoverable by Purchaser 254,706 Cash Recoveries: 20 Net liquidation proceeds (from HUD-1 sett stmt) 219,400 21 Hazard Insurance proceeds 0 type 22 Mortgage Insurance proceeds 0 Product Type 23 T & I escrow account balances, if positive 0 Loan amortization type 24 Other credits, if any (itemize) 0 Lookback 25 Total Cash Recovery 219,400 Margin 26 Loss Amount 35,306 Exhibit 2a(2) CALCULATION OF FORECLOSURE LOSS No Preceeding Loan Mod under Loss Share 1 Shared-Loss Month May-09 2 Loan no: 292334 3 REO # 477 4 Interest paid-to-date 4/30/08 5 Foreclosure date 1/15/09 6 Liquidation date 4/12/09 7 Note Interest rate 8.000 % 8 Owner occupied? Yes 9 If owner-occupied: 10 Borrower current gross annual income 42,000 11 Estimated NPV of loan mod 195,000 12 Most recent BPO 235,000 13 Most recent BPO date 1/21/09 Foreclosure Loss calculation 16 Loan Principal balance after last paid installment 300,000 17 Accrued interest, limited to 90 days 6,000 18 Attorney’s fees 0 19 Foreclosure costs, including title search, filing fees, advertising, etc. 4,000 20 Property protection costs, maint. and repairs 5,500 21 Tax and insurance advances 1,500 Other Advances 22 Appraisal/Broker’s Price Opinion fees 0 23 Inspections 50 24 Other 0 25 Gross balance recoverable by Purchaser 317,050 Cash Recoveries: 26 Net liquidation proceeds (from HUD-1 settl stmt) 205,000 index 27 Hazard Insurance proceeds 0 28 Mortgage Insurance proceeds 0 29 T & I escrow account balances, if positive 0 30 Other credits, if any (itemize) 0 31 Total Cash Recovery 205,000 32 Loss Amount 112,050 Exhibit 2a(3) CALCULATION OF FORECLOSURE LOSS Foreclosure after a Covered Loan Mod 1 Shared-Loss Month May-09 2 Loan no: 138554 3 REO # 843 4 Loan mod date 1/17/08 5 Interest paid-to-date 4/30/08 6 Foreclosure date 1/15/09 7 Liquidation date 4/12/09 8 Note Interest rate 4.000 % 9 Most recent BPO 210,000 10 Most recent BPO cap 28 Interest rate floor 29 First interest cap 30 Periodic interest cap 31 Periodic interest floor 32 Pay Cap 33 UPB 34 Interest rate 35 Paid-to date 1/20/09 Foreclosure Loss calculation 11 NPV of projected cash flows at loan mod 285,000 12 Less: Principal payments between loan mod and deliquency 2,500 13 Plus:36 Next payment due date 37 Scheduled payment 38 Escrow payment 83 39 Escrow balance 40 Next interest rate reset date 41 Next payment reset date 42 Rate reset period 43 Payment reset period 44 Payment History 45 Exceptional Loan Status 46 Valuation date 47 Valuation amount 48 Valuation type 49 Household income 50 Current FICO 51 Maximum Draw Amount 52 Draw period 53 Superior Lien Balance

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Simmons First National Corp)

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Exhibit 1 Monthly Certificate SEE FOLLOWING PAGE 77 CENTURY BANK, A FEDERAL SAVINGS BANK SARASOTA, FLORIDA 73 CENTURY BANK, A FEDERAL SAVINGS BANK SARASOTA, FLORIDA Pursuant to Section 2.1 of the Single Family Shared-Loss Agreement, the undersigned hereby certifies the information on this Certificate is true, complete and correct. OFFICER SIGNATURE TITLE OFFICER NAME: TITLE CENTURY BANK, A FEDERAL SAVINGS BANK SARASOTA, FLORIDA 75 Exhibit 2a This exhibit contains three versions of the loss share calculation for foreclosure, plus explanatory notes. Exhibit 2a(1) CALCULATION OF FORECLOSURE LOSS Foreclosure Occurred Prior to Loss Share Agreement 1 Shared-Loss Month May-09 2 Loan no: 364574 3 REO # 621 4 Foreclosure date 12/18/08 5 Liquidation date 4/12/09 6 Note Interest rate 8.100 % 7 Most recent BPO 228,000 8 Most recent BPO date 1/21/09 Foreclosure Loss calculation 9 Book value at date of Loss Share agreement 244,900 10 Accrued interest, limited to 90 days or days from failure to sale, whichever is less 3,306 11 Costs incurred after Loss Share agreement in place: 12 Attorney’s fees 0 13 Foreclosure costs, including title search, filing fees, advertising, etc. 0 14 Property protection costs, maint. and repairs 6,500 15 Tax and insurance advances 0 Other Advances 16 Appraisal/Broker’s Price Opinion fees 0 17 Inspections 0 18 Other 0 19 Gross balance recoverable by Purchaser 254,706 Cash Recoveries: 20 Net liquidation proceeds (from HUD-1 sett settl stmt) 219,400 21 Hazard Insurance proceeds 0 22 Mortgage Insurance proceeds 0 23 T & I escrow account balances, if positive 0 24 Other credits, if any (itemize) 0 25 Total Cash Recovery 219,400 26 Loss Amount 35,306 CENTURY BANK, A FEDERAL SAVINGS BANK SARASOTA, FLORIDA 76 Exhibit 2a(2) CALCULATION OF FORECLOSURE LOSS No Preceeding Loan Mod under Loss Share 1 Shared-Loss Month May-09 2 Loan no: 292334 3 REO # 477 4 Interest paid-to-date 4/30/08 5 Foreclosure date 1/15/09 6 Liquidation date 4/12/09 7 Note Interest rate 8.000 % 8 Owner occupied? Yes 9 If owner-occupied: 10 Borrower current gross annual income 42,000 11 Estimated NPV of loan mod 195,000 12 Most recent BPO 235,000 13 Most recent BPO date 1/21/09 Foreclosure Loss calculation 16 Loan Principal balance after last paid installment 300,000 17 Accrued interest, limited to 90 days 6,000 18 Attorney’s fees 0 19 Foreclosure costs, including title search, filing fees, advertising, etc. 4,000 20 Property protection costs, maint. and repairs 5,500 21 Tax and insurance advances 1,500 Other Advances 22 Appraisal/Broker’s Price Opinion fees 0 23 Inspections 50 24 Other 0 25 Gross balance recoverable by Purchaser 317,050 Cash Recoveries: 26 Net liquidation proceeds (from HUD-1 settl stmt) 205,000 27 Hazard Insurance proceeds 0 28 Mortgage Insurance proceeds 0 29 T & I escrow account balances, if positive 0 30 Other credits, if any (itemize) 0 31 Total Cash Recovery 205,000 32 Loss Amount 112,050 CENTURY BANK, A FEDERAL SAVINGS BANK SARASOTA, FLORIDA 77 Exhibit 2a(3) CALCULATION OF FORECLOSURE LOSS Foreclosure after a Covered Loan Mod 1 Shared-Loss Month May-09 2 Loan no: 138554 3 REO # 843 4 Loan mod date 1/17/08 5 Interest paid-to-date 4/30/08 6 Foreclosure date 1/15/09 7 Liquidation date 4/12/09 8 Note Interest rate 4.000 % 9 Most recent BPO 210,000 10 Most recent BPO date 1/20/09 Foreclosure Loss calculation 11 NPV of projected cash flows at loan mod 285,000 12 Less: Principal payments between loan mod and deliquency 2,500 13 Plus:

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Iberiabank Corp)

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Monthly Certificate SEE FOLLOWING PAGE 77 84 Pursuant to Section 2.1 of the Single Family Shared-Loss Agreement, the undersigned hereby certifies the information on this Certificate is true, complete and correct. OFFICER SIGNATURE OFFICER NAME: TITLE Exhibit 2a This exhibit contains three versions of the loss share calculation for foreclosure, plus explanatory notes. Exhibit 2a(1) CALCULATION OF FORECLOSURE LOSS Foreclosure Occurred Prior to Loss Share Agreement 1 Shared-Loss Month May-09 2 Loan no: 364574 3 REO # 621 4 Foreclosure date 12/18/08 5 Liquidation date 4/12/09 6 Note Interest rate 8.100 % 7 Most recent BPO 228,000 8 Most recent BPO date 1/21/09 Foreclosure Loss calculation 9 Book value at date of Loss Share agreement 244,900 10 Accrued interest, limited to 90 days or days from failure to sale, whichever is less 3,306 11 Costs incurred after Loss Share agreement in place: 12 Attorney’s fees 0 13 Foreclosure costs, including title search, filing fees, advertising, etc. 0 14 Property protection costs, maint. and repairs 6,500 15 Tax and insurance advances 0 Other Advances 16 Appraisal/Broker’s Price Opinion fees 0 17 Inspections 0 18 Other 0 19 Gross balance recoverable by Purchaser 254,706 Cash Recoveries: 20 Net liquidation proceeds (from HUD-1 sett settl stmt) 219,400 21 Hazard Insurance proceeds 0 22 Mortgage Insurance proceeds 0 23 T & I escrow account balances, if positive 0 24 Other credits, if any (itemize) 0 25 Total Cash Recovery 219,400 26 Loss Amount 35,306 Exhibit 2a(2) CALCULATION OF FORECLOSURE LOSS No Preceeding Loan Mod under Loss Share 1 Shared-Loss Month May-09 2 Loan no: 292334 3 REO # 477 4 Interest paid-to-date 4/30/08 5 Foreclosure date 1/15/09 6 Liquidation date 4/12/09 7 Note Interest rate 8.000 % 8 Owner occupied? Yes 9 If owner-occupied: 10 Borrower current gross annual income 42,000 11 Estimated NPV of loan mod 195,000 12 Most recent BPO 235,000 13 Most recent BPO date 1/21/09 Foreclosure Loss calculation 16 Loan Principal balance after last paid installment 300,000 17 Accrued interest, limited to 90 days 6,000 18 Attorney’s fees 0 19 Foreclosure costs, including title search, filing fees, advertising, etc. 4,000 20 Property protection costs, maint. and repairs 5,500 21 Tax and insurance advances 1,500 Other Advances 22 Appraisal/Broker’s Price Opinion fees 0 23 Inspections 50 24 Other 0 25 Gross balance recoverable by Purchaser 317,050 Cash Recoveries: 26 Net liquidation proceeds (from HUD-1 settl stmt) 205,000 27 Hazard Insurance proceeds 0 28 Mortgage Insurance proceeds 0 29 T & I escrow account balances, if positive 0 30 Other credits, if any (itemize) 0 31 Total Cash Recovery 205,000 32 Loss Amount 112,050 Exhibit 2a(3) CALCULATION OF FORECLOSURE LOSS Foreclosure after a Covered Loan Mod 1 Shared-Loss Month May-09 2 Loan no: 138554 3 REO # 843 4 Loan mod date 1/17/08 5 Interest paid-to-date 4/30/08 6 Foreclosure date 1/15/09 7 Liquidation date 4/12/09 8 Note Interest rate 4.000 % 9 Most recent BPO 210,000 10 Most recent BPO date 1/20/09 Foreclosure Loss calculation 11 NPV of projected cash flows at loan mod 285,000 12 Less: Principal payments between loan mod and deliquency 2,500 13 Plus:

Appears in 1 contract

Samples: Purchase and Assumption Agreement (City National Corp)

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Exhibit 1 Monthly Certificate SEE FOLLOWING PAGE 77 Pursuant to Section 2.1 of the Single Family Shared-Loss Agreement, the undersigned hereby certifies the information on this Certificate is true, complete and correct. OFFICER SIGNATURE OFFICER NAME: TITLE 81 Exhibit 2a This exhibit contains three versions of the loss share calculation for foreclosure, plus explanatory notes. Exhibit 2a(12.1(c) CALCULATION OF FORECLOSURE LOSS Foreclosure Occurred Prior to Loss Share Agreement 1 Shared-Loss Month May-09 2 Loan ID 3 First payment date 4 Property type 5 Lien 7 Documentation 8 Original FICO 9 Original LTV 10 Original combined LTV 11 Original front-end DTI 12 Original back-end DTI 13 Negative Amortization cap 14 Property city 15 Property state 16 Property street address 17 Property zip 18 Maturity date 19 MI Coverage 20 Occupancy 21 Interest rate type 22 Product Type 22 Loan amortization type 24 Lookback 25 Margin 26 Interest rate index 27 Interest rate cap 28 Interest rate floor 29 First interest cap 30 Periodic interest cap 31 Periodic interest floor 32 Pay Cap 33 UPB 34 Interest rate 35 Paid-to date 36 Next payment due date 37 Scheduled payment 38 Escrow payment 83 39 Escrow balance 40 Next interest rate reset date 41 Next payment reset date 42 Rate reset period 43 Payment reset period 44 Payment History 45 Exceptional Loan Status 46 Valuation date 47 Valuation amount 48 Valuation type 49 Household income 50 Current FICO 51 Maximum Draw Amount 52 Draw period 53 Superior Lien Balance 84 Exhibit 2a (1) CALCULATION OF RESTRUCTURING LOSS - HAMP or FDIC LOAN MODIFICATION 1 Shared-Loss Month 20090531 2 Loan no: 364574 123,456 3 REO # 621 Modification Program: HAMP Loan before Restructuring 4 Foreclosure date 12/18/08 Unpaid principal balance 450,000 5 Liquidation date 4/12/09 Remaining term 298 6 Note Interest rate 8.100 % 0.06500 7 Most recent BPO 228,000 Next ARM reset rate (if within next 4 months) 0.00000 8 Most recent BPO Interest Paid-To-Date 20081230 9 Delinquency Status FC 10 Monthly payment - P&I 3,047 11 Monthly payment -T&I 1,000 Total monthly payment 4,047 12 Household current annual income 95,000 13 Valuation Date 20090121 14 Valuation Amount 425,000 15 Valuation Type (Interior/exterior appraisal, BPO, AVM, etc) AVM Terms of Modified/Restructured Loan 16 1st Trial Payment Due Date 20090119 17 Modification Effective Date 20090419 18 Net Unpaid Principal Balance (net of forbearance & principal reduction) 467,188 19 Principal forbearance 0 20 Principal reduction 0 21 Product (fixed or step) step 22 Remaining amortization term 480 23 Maturity date 1/21/09 Foreclosure 20490119 24 Interest rate 0.02159 25 Next Payment due date 20090601 26 Monthly payment - P&I 1,454 27 Monthly payment -T&I 1,000 Total monthly payment 2,454 28 Next reset date 20140501 29 Interest rate change per adjustment 0.01000 30 Lifetime interest rate cap 0.05530 31 Back end DTI 0.45000 Restructuring Loss calculation 9 Book value at date of Loss Share agreement 244,900 10 Calculation same as Unpaid Principal Balance before 4 above restructuring/modification 450,000 34 Accrued interest, limited to 90 days or days from failure to sale, whichever is less 3,306 11 Costs incurred after Loss Share agreement in place: 12 7,313 35 Attorney’s fees 0 13 36 Foreclosure costs, including title search, filing fees, advertising, etc. 0 14 500 37 Property protection costs, maint. and repairs 6,500 15 0 38 Tax and insurance advances 0 2,500 Other Advances 16 39 Appraisal/Broker’s Price Opinion fees 0 17 Fees 100 40 Inspections 0 18 41 Other 0 19 Gross Total loan balance recoverable by Purchaser 254,706 due before restructuring 460,413 Cash Recoveries: 20 Net liquidation proceeds (from HUD-1 sett stmt) 219,400 21 Hazard Insurance proceeds 42 MI contribution 0 22 Mortgage Insurance proceeds 43 Other credits 0 23 44 T & I escrow account balances, if positive 0 24 Other credits, if any (itemize) 0 25 Total Cash Recovery 219,400 26 0 Assumptions for Calculating Loss Share Amount, Restructured Loan: 45 Discount rate for projected cash flows 0.05530 46 Loan prepayment in full 120 47 NPV of projected cash flows (see amort schd 1) 386,927 48 Gain/Loss Amount 35,306 73,485 Line item definitions can be found in SFR Data Submission Handbook. Exhibit 2a(2) CALCULATION OF FORECLOSURE RESTRUCTURING LOSS No Preceeding Loan Mod under Loss Share - 2nd FDIC MODIFICATION 1 Shared-Loss Month May-09 20090531 2 Loan no: 292334 123,456 3 REO # 477 Modification Program: FDIC Loan before Restructuring 4 Interest paid-to-date 4/30/08 Unpaid principal balance 450,000 5 Foreclosure date 1/15/09 Remaining term 298 6 Liquidation date 4/12/09 7 Note Interest rate 8.000 % 0.06500 7 Next ARM reset rate (if within next 4 months) 0.00000 8 Owner occupied? Yes Interest Paid-To-Date 20081230 9 If owner-occupied: Delinquency Status FC 10 Borrower Monthly payment - P&I 3,047 11 Monthly payment -T&I 1,000 Total monthly payment 4,047 12 Household current gross annual income 42,000 11 Estimated 95,000 13 Valuation Date 20090121 14 Valuation Amount 425,000 15 Valuation Type (Interior/exterior appraisal, BPO, AVM, etc) AVM Terms of Modified/Restructured Loan 16 1st Trial Payment Due Date 20090201 17 Modification Effective Date 20090501 18 Net Principal balance (net of forbearance & principal reduction) 467,188 19 Principal forbearance 0 20 Principal reduction 0 21 Product (fixed or step) step 22 Remaining amortization term 480 23 Maturity date 20490501 24 Interest rate 0.02159 25 Next Payment due date 20090601 26 Monthly payment - P&I 1,454 27 Monthly payment -T&I 1,000 Total monthly payment 2,454 28 Next reset date 20140501 29 Interest rate change per adjustment 0.01000 30 Lifetime interest rate cap 0.05530 31 Back end DTI 0.45000 Restructuring Loss Calculation 32 Previous NPV of loan mod 195,000 12 Most recent BPO 235,000 13 Most recent BPO date 1/21/09 Foreclosure Loss calculation 16 Loan Principal balance after last paid installment 300,000 17 Accrued interest, limited to 90 days 6,000 18 modification 458,740 33 Less: Post modification principal payments 2,500 Plus: 35 Attorney’s fees fees, 0 19 36 Foreclosure costs, including title search, filing fees, advertising, etc. 4,000 20 500 37 Property protection costs, maint. and repairs 5,500 21 0 38 Tax and insurance advances 1,500 2,500 Other Advances 22 39 Appraisal/Broker’s Price Opinion fees 100 40 Inspections 0 23 Inspections 50 24 41 Other 0 25 Gross Total loan balance recoverable by Purchaser 317,050 due before restructuring 459,340 Cash Recoveries: 26 Net liquidation proceeds (from HUD-1 settl stmt) 205,000 27 Hazard Insurance proceeds 42 MI contribution 0 28 Mortgage Insurance proceeds 43 Other credits 0 29 44 T & I escrow account balances, if positive 0 30 Other credits, if any (itemize) 0 31 Total Cash Recovery 205,000 32 0 Assumptions for Calculating Loss Amount 112,050 Exhibit 2a(3) CALCULATION OF FORECLOSURE LOSS Foreclosure after a Covered Share Amount, Restructured Loan: 45 Discount rate for projected cash flows 0.05530 46 Loan Mod 1 Shared-Loss Month May-09 2 Loan no: 138554 3 REO # 843 4 Loan mod date 1/17/08 5 Interest paid-to-date 4/30/08 6 Foreclosure date 1/15/09 7 Liquidation date 4/12/09 8 Note Interest rate 4.000 % 9 Most recent BPO 210,000 10 Most recent BPO date 1/20/09 Foreclosure Loss calculation 11 prepayment in full 120 47 NPV of projected cash flows at loan mod 285,000 12 Less: Principal payments between loan mod and deliquency 2,500 13 Plus:(see amort schd 1) 386,927 48 Gain/Loss Amount 72,413 Line item definitions can be found in SFR Data Submission Handbook.

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Mb Financial Inc /Md)

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Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Exhibit 1 Monthly Certificate SEE FOLLOWING PAGE 77 United Commercial Bank San Francisco, CA PART 1 - CURRENT MONTH NET LOSS MONTH ENDED: [input report month] Losses Loan No. Loss Type Loss Amount Specify loss type as Foreclosure, or Short-Sale. TOTAL XX A Loss Amount is the amount of Loss incurred and reported on the loan in a Loss Month is the reporting month in which the Loss was reported. Recoveries Loan No. Recovery Amount Loss Amount Loss Month TOTAL Net Losses (Recoveries) XX B XX C = A - B PART 2 - FIRST LOSS TEST If Col. D minus Col. E is less than zero, enter zero. Col. D Cumulative Loss Amount Col. E First Loss Tranche Col. D - Col. E Cumulative Shared-Loss Amount Balance, beginning of month Current month Net Losses (from Part 1) Balance, end of month Shared Loss Amount Times Loss Share percentage Amount due from (to) FDIC as Receiver XX G - F 80% XX United Commercial Bank San Francisco, CA Pursuant to Section 2.1 of the Single Family Shared-Loss Agreement, the undersigned hereby certifies the information on this Certificate is true, complete and correct. OFFICER SIGNATURE OFFICER NAME: TITLE United Commercial Bank San Francisco, CA Exhibit 2a This exhibit contains three versions of the loss share calculation for foreclosure, plus explanatory notes. Exhibit 2a(1) CALCULATION OF FORECLOSURE LOSS Foreclosure Occurred Prior to Loss Share Agreement 1 Shared-Loss Month May-09 2 Loan no: 364574 3 REO # 621 4 Foreclosure date 12/18/08 5 Liquidation date 4/12/09 4112109 6 Note Interest rate 8.100 % 7 Most recent BPO 228,000 8 Most recent BPO date 1/21/09 Foreclosure Loss calculation 9 Book value at date of Loss Share agreement 244,900 10 Accrued interest, limited to 90 days or days from failure to sale, whichever is less 3,306 11 Costs incurred after Loss Share agreement in place: 12 Attorney’s fees 0 13 Foreclosure costs, including title search, filing fees, advertising, etc. 0 14 Property protection costs, maint. and repairs 6,500 15 Tax and insurance advances 0 Other Advances 16 Appraisal/Broker’s Price Opinion fees 0 17 Inspections 0 18 Other 0 19 Gross balance recoverable by Purchaser 254,706 Cash Recoveries: 20 Net liquidation proceeds (from HUD-1 sett settl stmt) 219,400 21 Hazard Insurance proceeds 0 22 Mortgage Insurance proceeds 0 23 T & I escrow account balances, if positive 0 24 Other credits, if any (itemize) 0 25 Total Cash Recovery 219,400 26 Loss Amount 35,306 United Commercial Bank San Francisco, CA Exhibit 2a(2) CALCULATION OF FORECLOSURE LOSS No Preceeding Loan Mod under Loss Share 1 Shared-Loss Month May-09 2 Loan no: 292334 3 REO # 477 4 Interest paid-to-date 4/30/08 5 Foreclosure date 1/15/09 6 Liquidation date 4/12/09 7 Note Interest rate 8.000 8.000% 8 Owner occupied? Yes 9 If owner-occupied: 10 Borrower current gross annual income 42,000 11 Estimated NPV of loan mod 195,000 12 Most recent BPO 235,000 13 Most recent BPO date 1/21/09 Foreclosure Loss calculation 16 Loan Principal balance after last paid installment 300,000 17 Accrued interest, limited to 90 days 6,000 18 Attorney’s fees 0 19 Foreclosure costs, including title search, filing fees, advertising, etc. 4,000 20 Property protection costs, maint. and repairs 5,500 21 Tax and insurance advances 1,500 Other Advances 22 Appraisal/Broker’s Price Opinion fees 0 23 Inspections 50 24 Other 0 25 Gross balance recoverable by Purchaser 317,050 Cash Recoveries: 26 Net liquidation proceeds (from HUD-1 settl stmt) 205,000 27 Hazard Insurance proceeds 0 28 Mortgage Insurance proceeds 0 29 T & I escrow account balances, if positive 0 30 Other credits, if any (itemize) 0 31 Total Cash Recovery 205,000 32 Loss Amount 112,050 United Commercial Bank San Francisco, CA Exhibit 2a(3) CALCULATION OF FORECLOSURE LOSS Foreclosure after a Covered Loan Mod 1 Shared-Loss Month May-09 2 Loan no: 138554 3 REO # 843 4 Loan mod date 1/17/08 5 Interest paid-to-date 4/30/08 6 Foreclosure date 1/15/09 7 Liquidation date 4/12/09 8 Note Interest rate 4.000 4.000% 9 Most recent BPO 210,000 10 Most recent BPO date 1/20/09 Foreclosure Loss calculation 11 NPV of projected cash flows at loan mod 285,000 12 Less: Principal payments between loan mod and deliquency delinquency 2,500 13 Plus:

Appears in 1 contract

Samples: Purchase and Assumption Agreement (East West Bancorp Inc)

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Whole Bank w/ Loss Share – P&A Colonial Bank August 14, 2009 Montgomery, Alabama Exhibit 1 Monthly Certificate SEE FOLLOWING PAGE Whole Bank w/ Loss Share – P&A Colonial Bank August 14, 2009 Montgomery, Alabama Whole Bank w/ Loss Share – P&A Colonial Bank August 14, 2009 Montgomery, Alabama 77 Pursuant to Section 2.1 of the Single Family Shared-Loss Agreement, the undersigned hereby certifies the information on this Certificate is true, complete and correct. OFFICER SIGNATURE OFFICER NAME: TITLE Whole Bank w/ Loss Share – P&A Colonial Bank August 14, 2009 Montgomery, Alabama Exhibit 2a This exhibit contains three versions of the loss share calculation for foreclosure, plus explanatory notes. Exhibit 2a(1) CALCULATION OF FORECLOSURE LOSS Foreclosure Occurred Prior to Loss Share Agreement 1 Shared-Loss Month May-09 2 Loan no: 364574 3 REO # 621 4 Foreclosure date 12/18/08 5 Liquidation date 4/12/09 6 Note Interest rate 8.100 % 7 Most recent BPO 228,000 8 Most recent BPO date 1/21/09 Foreclosure Loss calculation 9 Book value at date of Loss Share agreement 244,900 10 Accrued interest, limited to 90 days or days from failure to sale, whichever is less 3,306 11 Costs incurred after Loss Share agreement in place: 12 Attorney’s fees 0 13 Foreclosure costs, including title search, filing fees, advertising, etc. 0 14 Property protection costs, maint. and repairs 6,500 15 Tax and insurance advances 0 Other Advances 16 Appraisal/Broker’s Price Opinion fees 0 17 Inspections 0 18 Other 0 19 Gross balance recoverable by Purchaser 254,706 Cash Recoveries: 20 Net liquidation proceeds (from HUD-1 sett settl stmt) 219,400 21 Hazard Insurance proceeds 0 22 Mortgage Insurance proceeds 0 23 T & I escrow account balances, if positive 0 24 Other credits, if any (itemize) 0 25 Total Cash Recovery 219,400 26 Loss Amount 35,306 Whole Bank w/ Loss Share – P&A Colonial Bank August 14, 2009 Montgomery, Alabama Exhibit 2a(2) CALCULATION OF FORECLOSURE LOSS No Preceeding Loan Mod under Loss Share 1 Shared-Loss Month May-09 2 Loan no: 292334 3 REO # 477 4 Interest paid-to-date 4/30/08 5 Foreclosure date 1/15/09 6 Liquidation date 4/12/09 7 Note Interest rate 8.000 % 8 Owner occupied? Yes 9 If owner-occupied: 10 Borrower current gross annual income 42,000 11 Estimated NPV of loan mod 195,000 12 Most recent BPO 235,000 13 Most recent BPO date 1/21/09 Foreclosure Loss calculation 16 Loan Principal balance after last paid installment 300,000 17 Accrued interest, limited to 90 days 6,000 18 Attorney’s fees 0 19 Foreclosure costs, including title search, filing fees, advertising, etc. 4,000 20 Property protection costs, maint. and repairs 5,500 21 Tax and insurance advances 1,500 Other Advances 22 Appraisal/Broker’s Price Opinion fees 0 23 Inspections 50 24 Other 0 25 Gross balance recoverable by Purchaser 317,050 Cash Recoveries: 26 Net liquidation proceeds (from HUD-1 settl stmt) 205,000 27 Hazard Insurance proceeds 0 28 Mortgage Insurance proceeds 0 29 T & I escrow account balances, if positive 0 30 Other credits, if any (itemize) 0 31 Total Cash Recovery 205,000 32 Loss Amount 112,050 Whole Bank w/ Loss Share – P&A Colonial Bank August 14, 2009 Montgomery, Alabama 80 Exhibit 2a(3) CALCULATION OF FORECLOSURE LOSS Foreclosure after a Covered Loan Mod 1 Shared-Loss Month May-09 2 Loan no: 138554 3 REO # 843 4 Loan mod date 1/17/08 5 Interest paid-to-date 4/30/08 6 Foreclosure date 1/15/09 7 Liquidation date 4/12/09 8 Note Interest rate 4.000 % 9 Most recent BPO 210,000 10 Most recent BPO date 1/20/09 Foreclosure Loss calculation 11 NPV of projected cash flows at loan mod 285,000 12 Less: Principal payments between loan mod and deliquency 2,500 13 Plus:

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Bb&t Corp)

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Exhibit 1 Monthly Certificate SEE FOLLOWING PAGE 77 Pursuant to Section 2.1 of the Single Family Module 1 – Whole Bank w/ Loss Share – P&A EARTHSTAR BANK Version 2.11B SOUTHAMPTON, PENNSYLVANIA October 8, 2010 101 CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 Shared-Loss AgreementPeriod Ended: __________________ (Dollars) Calculation of Amount Due from (to) FDIC FDIC % Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 FDIC % Share x 0 % x 80 % 7. Amount Due from (to) FDIC 0 + 0 + = - Memo: threshold for recovery percentage 0 0 Preparer name: Preparer signature Preparer title: Officer name: Officer signature Officer title: Date: CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, the undersigned hereby certifies the information on this Certificate is true, complete and correct. OFFICER SIGNATURE OFFICER NAME: TITLE Exhibit 2a This exhibit contains three versions of the loss share calculation for foreclosure, plus explanatory notes. Exhibit 2a(1) CALCULATION OF FORECLOSURE LOSS Foreclosure Occurred Prior to Loss Share Agreement 1 2009 Shared-Loss Month May-09 2 Loan noPeriod Ended: 364574 3 REO # 621 4 Foreclosure date 12/18/08 5 Liquidation date 4/12/09 6 Note Interest rate 8.100 % 7 Most recent BPO 228,000 8 Most recent BPO date 1/21/09 Foreclosure Loss calculation 9 Book value at date of Loss Share agreement 244,900 10 Accrued interest, limited to 90 days or days from failure to sale, whichever is less 3,306 11 Costs incurred after Loss Share agreement in place: 12 Attorney’s fees 0 13 Foreclosure costs, including title search, filing fees, advertising, etc. 0 14 Property protection costs, maint. and repairs 6,500 15 Tax and insurance advances 0 Other Advances 16 Appraisal/Broker’s Price Opinion fees 0 17 Inspections 0 18 Other 0 19 Gross balance recoverable by Purchaser 254,706 Cash Recoveries: 20 Net liquidation proceeds (from HUD-1 sett stmt) 219,400 21 Hazard Insurance proceeds 0 22 Mortgage Insurance proceeds 0 23 T & I escrow account balances, if positive 0 24 Other credits, if any (itemize) 0 25 Total Cash Recovery 219,400 26 Loss Amount 35,306 Exhibit 2a(2) CALCULATION OF FORECLOSURE LOSS No Preceeding Loan Mod under Loss Share 1 Shared-Loss Month May-09 2 Loan no: 292334 3 REO # 477 4 Interest paid-to-date 4/30/08 5 Foreclosure date 1/15/09 6 Liquidation date 4/12/09 7 Note Interest rate 8.000 % 8 Owner occupied? Yes 9 If owner-occupied: 10 Borrower current gross annual income 42,000 11 Estimated NPV of loan mod 195,000 12 Most recent BPO 235,000 13 Most recent BPO date 1/21/09 Foreclosure Loss calculation 16 Loan Principal balance after last paid installment 300,000 17 Accrued interest, limited to 90 days 6,000 18 Attorney’s fees 0 19 Foreclosure costs, including title search, filing fees, advertising, etc. 4,000 20 Property protection costs, maint. and repairs 5,500 21 Tax and insurance advances 1,500 Other Advances 22 Appraisal/Broker’s Price Opinion fees 0 23 Inspections 50 24 Other 0 25 Gross balance recoverable by Purchaser 317,050 Cash Recoveries: 26 Net liquidation proceeds (from HUD-1 settl stmt) 205,000 27 Hazard Insurance proceeds 0 28 Mortgage Insurance proceeds 0 29 T & I escrow account balances, if positive 0 30 Other credits, if any (itemize) 0 31 Total Cash Recovery 205,000 32 Loss Amount 112,050 Exhibit 2a(3) CALCULATION OF FORECLOSURE LOSS Foreclosure after a Covered Loan Mod 1 Shared-Loss Month May-09 2 Loan no: 138554 3 REO # 843 4 Loan mod date 1/17/08 5 Interest paid-to-date 4/30/08 6 Foreclosure date 1/15/09 7 Liquidation date 4/12/09 8 Note Interest rate 4.000 % 9 Most recent BPO 210,000 10 Most recent BPO date 1/20/09 Foreclosure Loss calculation 11 NPV of projected cash flows at loan mod 285,000 12 Less: Principal payments between loan mod and deliquency 2,500 13 Plus:__________________

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Polonia Bancorp)

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Exhibit 1 Monthly Certificate SEE FOLLOWING PAGE 77 Orion Bank Naples, FL 74 Orion Bank Naples, FL Pursuant to Section 2.1 of the Single Family Shared-Loss Agreement, the undersigned hereby certifies the information on this Certificate is true, complete and correct. OFFICER SIGNATURE TITLE OFFICER NAME: TITLE Orion Bank Naples, FL 76 Exhibit 2a This exhibit contains three versions of the loss share calculation for foreclosure, plus explanatory notes. Exhibit 2a(1) CALCULATION OF FORECLOSURE LOSS Foreclosure Occurred Prior to Loss Share Agreement 1 Shared-Loss Month May-09 2 Loan no: 364574 3 REO # 621 4 Foreclosure date 12/18/08 5 Liquidation date 4/12/09 6 Note Interest rate 8.100 % 7 Most recent BPO 228,000 8 Most recent BPO date 1/21/09 Foreclosure Loss calculation 9 Book value at date of Loss Share agreement 244,900 10 Accrued interest, limited to 90 days or days from failure to sale, whichever is less 3,306 11 Costs incurred after Loss Share agreement in place: 12 Attorney’s fees 0 13 Foreclosure costs, including title search, filing fees, advertising, etc. 0 14 Property protection costs, maint. and repairs 6,500 15 Tax and insurance advances 0 Other Advances 16 Appraisal/Broker’s Price Opinion fees 0 17 Inspections 0 18 Other 0 19 Gross balance recoverable by Purchaser 254,706 Cash Recoveries: 20 Net liquidation proceeds (from HUD-1 sett settl stmt) 219,400 21 Hazard Insurance proceeds 0 22 Mortgage Insurance proceeds 0 23 T & I escrow account balances, if positive 0 24 Other credits, if any (itemize) 0 25 Total Cash Recovery 219,400 26 Loss Amount 35,306 Orion Bank Naples, FL 77 Exhibit 2a(2) CALCULATION OF FORECLOSURE LOSS No Preceeding Loan Mod under Loss Share 1 Shared-Loss Month May-09 2 Loan no: 292334 3 REO # 477 4 Interest paid-to-date 4/30/08 5 Foreclosure date 1/15/09 6 Liquidation date 4/12/09 7 Note Interest rate 8.000 % 8 Owner occupied? Yes 9 If owner-occupied: 10 Borrower current gross annual income 42,000 11 Estimated NPV of loan mod 195,000 12 Most recent BPO 235,000 13 Most recent BPO date 1/21/09 Foreclosure Loss calculation 16 Loan Principal balance after last paid installment 300,000 17 Accrued interest, limited to 90 days 6,000 18 Attorney’s fees 0 19 Foreclosure costs, including title search, filing fees, advertising, etc. 4,000 20 Property protection costs, maint. and repairs 5,500 21 Tax and insurance advances 1,500 Other Advances 22 Appraisal/Broker’s Price Opinion fees 0 23 Inspections 50 24 Other 0 25 Gross balance recoverable by Purchaser 317,050 Cash Recoveries: 26 Net liquidation proceeds (from HUD-1 settl stmt) 205,000 27 Hazard Insurance proceeds 0 28 Mortgage Insurance proceeds 0 29 T & I escrow account balances, if positive 0 30 Other credits, if any (itemize) 0 31 Total Cash Recovery 205,000 32 Loss Amount 112,050 Orion Bank Naples, FL 78 Exhibit 2a(3) CALCULATION OF FORECLOSURE LOSS Foreclosure after a Covered Loan Mod 1 Shared-Loss Month May-09 2 Loan no: 138554 3 REO # 843 4 Loan mod date 1/17/08 5 Interest paid-to-date 4/30/08 6 Foreclosure date 1/15/09 7 Liquidation date 4/12/09 8 Note Interest rate 4.000 % 9 Most recent BPO 210,000 10 Most recent BPO date 1/20/09 Foreclosure Loss calculation 11 NPV of projected cash flows at loan mod 285,000 12 Less: Principal payments between loan mod and deliquency 2,500 13 Plus:

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Iberiabank Corp)

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Exhibit 1 Monthly Certificate SEE FOLLOWING PAGE 77 Pursuant to Section 2.1 of the Single Family 84 85 Exhibit 2.1(c) 1 Shared-Loss Agreement, the undersigned hereby certifies the information on this Certificate is true, complete and correct. OFFICER SIGNATURE OFFICER NAME: TITLE Exhibit 2a This exhibit contains three versions of the loss share calculation for foreclosure, plus explanatory notes. Month 2 Loan ID 3 First payment date 4 Property type 5 Lien 7 Documentation 8 Original FICO 9 Original LTV 10 Original combined LTV 11 Original front-end DTI 12 Original back-end DTI 13 Negative Amortization cap 14 Property city 15 Property state 16 Property street address 17 Property zip 18 Maturity date 19 MI Coverage 20 Occupancy 21 Interest rate type 22 Product Type 23 Loan amortization type 24 Lookback 25 Margin 26 Interest rate index 27 Interest rate cap 28 Interest rate floor 29 First interest cap 30 Periodic interest cap 31 Periodic interest floor 32 Pay Cap 33 UPB 34 Interest rate 35 Paid-to date 36 Next payment due date 37 Scheduled payment 38 Escrow payment 87 39 Escrow balance 40 Next interest rate reset date 41 Next payment reset date 42 Rate reset period 43 Payment reset period 44 Payment History 45 Exceptional Loan Status 46 Valuation date 47 Valuation amount 48 Valuation type 49 Household income 50 Current FICO 51 Maximum Draw Amount 52 Draw period 53 Superior Lien Balance Exhibit 2a(1) CALCULATION OF FORECLOSURE RESTRUCTURING LOSS Foreclosure Occurred Prior to Loss Share Agreement -HAMP or FDIC LOAN MODIFICATION 1 Shared-Loss Month May-09 20090531 2 Loan no: 364574 123,456 3 REO # 621 Modification Program: HAMP Loan before Restructuring 4 Foreclosure date 12/18/08 Unpaid principal balance 450,000 5 Liquidation date 4/12/09 Remaining term 298 6 Note Interest rate 8.100 % 0.06500 7 Most recent BPO 228,000 Next ARM reset rate (if within next 4 months) 0.00000 8 Most recent BPO Interest Paid-To-Date 20081230 9 Delinquency Status FC 10 Monthly payment - P&I 3,047 11 Monthly payment -T&I 1,000 Total monthly payment 4,047 12 Household current annual income 95,000 13 Valuation Date 20090121 14 Valuation Amount 425,000 15 Valuation Type (Interior/exterior appraisal, BPO, AVM, etc) AVM Terms of Modified/Restructured Loan 16 1st Trial Payment Due Date 20090119 17 Modification Effective Date 20090419 18 Net Unpaid Principal Balance (net of forbearance & principal reduction) 467,188 19 Principal forbearance 0 20 Principal reduction 0 21 Product (fixed or step) step 22 Remaining amortization term 480 23 Maturity date 1/21/09 Foreclosure 20490119 24 Interest rate 0.02159 25 Next Payment due date 20090601 26 Monthly payment - P&I 1,454 27 Monthly payment -T&I 1,000 Total monthly payment 2,454 28 Next reset date 20140501 29 Interest rate change per adjustment 0.01000 30 Lifetime interest rate cap 0.05530 31 Back end DTI 0.45000 Restructuring Loss calculation 9 Book value at date of Loss Share agreement 244,900 10 Calculation same as Unpaid Principal Balance before 4 above restructuring/modification 450,000 34 Accrued interest, limited to 90 days or days from failure to sale, whichever is less 3,306 11 Costs incurred after Loss Share agreement in place: 12 7,313 35 Attorney’s 's fees 0 13 36 Foreclosure costs, including title search, filing fees, advertising, etc. 0 14 500 37 Property protection costs, maint. and repairs 6,500 15 0 38 Tax and insurance advances 0 2,500 Other Advances 16 39 Appraisal/Broker’s 's Price Opinion fees 0 17 100 40 Inspections 0 18 41 Other 0 19 Gross Total loan balance recoverable by Purchaser 254,706 due before restructuring 460,413 Cash Recoveries: 20 Net liquidation proceeds (from HUD-1 sett stmt) 219,400 21 Hazard Insurance proceeds 42 MI contribution 0 22 Mortgage Insurance proceeds 43 Other credits 0 23 44 T & I escrow account balances, if positive 0 24 Other credits, if any (itemize) 0 25 Total Cash Recovery 219,400 26 0 Assumptions for Calculating Loss Share Amount, Restructured Loans: 45 Discount rate for projected cash flows 0.05530 46 Loan prepayment in full 120 47 NPV of projected cash flows (see amort schd1) 386,927 48 Gain/Loss Amount 35,306 73,485 Line item deductions can be found in SFR Data Submission Handbook. Exhibit 2a(2) CALCULATION OF FORECLOSURE RESTRUCTURING LOSS No Preceeding Loan Mod under Loss Share - 2nd FDIC MODIFICATION 1 Shared-Loss Month May-09 20090531 2 Loan no: 292334 123,456 3 REO # 477 Modification Program: FDIC Loan before Restructuring 4 Interest paid-to-date 4/30/08 Unpaid principal balance 450,000 5 Foreclosure date 1/15/09 Remaining term 298 6 Liquidation date 4/12/09 7 Note Interest rate 8.000 % 0.06500 7 Next ARM reset rate (if within next 4 months) 0.00000 8 Owner occupied? Yes Interest Paid-To-Date 20081230 9 If owner-occupied: Delinquency Status FC 10 Borrower Monthly payment - P&I 3,047 11 Monthly payment -T&I 1,000 Total monthly payment 4,047 12 Household current gross annual income 42,000 11 Estimated 95,000 13 Valuation Date 20090121 14 Valuation Amount 425,000 15 Valuation Type (Interior/exterior appraisal, BPO, AVM, etc) AVM Terms of Modified/Restructured Loan 16 1st Trial Payment Due Date 20090201 17 Modification Effective Date 20090501 18 Net Principal balance (net of forbearance & principal reduction) 467,188 19 Principal forbearance 0 20 Principal reduction 0 21 Product (fixed or step) step 22 Remaining amortization term 480 23 Maturity date 20490501 24 Interest rate 0.02159 25 Next Payment due date 20090601 26 Monthly payment - P&I 1,454 27 Monthly payment -T&I 1,000 Total monthly payment 2,454 28 Next reset date 20140501 29 Interest rate change per adjustment 0.01000 30 Lifetime interest rate cap 0.05530 31 Back end DTI 0.45000 Restructuring Loss Calculation 32 Previous NPV of loan mod 195,000 12 Most recent BPO 235,000 13 Most recent BPO date 1/21/09 Foreclosure Loss calculation 16 Loan Principal balance after last paid installment 300,000 17 Accrued interest, limited to 90 days 6,000 18 modification 458,740 33 Less: Post modification principal payments 2,500 Plus: 35 Attorney’s 's fees 0 19 36 Foreclosure costs, including title search, filing fees, advertising, etc. 4,000 20 500 37 Property protection costs, maint. and repairs 5,500 21 0 38 Tax and insurance advances 1,500 2,500 Other Advances 22 39 Appraisal/Broker’s 's Price Opinion fees 100 40 Inspections 0 23 Inspections 50 24 41 Other 0 25 Gross Total loan balance recoverable by Purchaser 317,050 due before restructuring 459,340 Cash Recoveries: 26 Net liquidation proceeds (from HUD-1 settl stmt) 205,000 27 Hazard Insurance proceeds 42 MI contribution 0 28 Mortgage Insurance proceeds 43 Other credits 0 29 44 T & I escrow account balances, if positive 0 30 Other credits, if any (itemize) 0 31 Total Cash Recovery 205,000 32 0 Assumptions for Calculating Loss Amount 112,050 Exhibit 2a(3) CALCULATION OF FORECLOSURE LOSS Foreclosure after a Covered Share Amount, Restructured Loan: 45 Discount rate for projected cash flows 0.05530 46 Loan Mod 1 Shared-Loss Month May-09 2 Loan no: 138554 3 REO # 843 4 Loan mod date 1/17/08 5 Interest paid-to-date 4/30/08 6 Foreclosure date 1/15/09 7 Liquidation date 4/12/09 8 Note Interest rate 4.000 % 9 Most recent BPO 210,000 10 Most recent BPO date 1/20/09 Foreclosure Loss calculation 11 prepayment in full 120 47 NPV of projected cash flows at loan mod 285,000 12 Less: Principal payments between loan mod and deliquency 2,500 13 Plus:(see amort schd1) 386,927 48 Gain/Loss Amount 72,413 Line item definitions can be found in SFR Data Submission Handbook. Notes to Exhibits 2a (restructuring)

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Mb Financial Inc /Md)

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Monthly Certificate SEE FOLLOWING PAGE 77 72 Pursuant to Section 2.1 of the Single Family Shared-Loss Agreement, the undersigned hereby certifies the information on this Certificate is true, complete and correct. OFFICER SIGNATURE OFFICER NAME: TITLE Exhibit 2a This exhibit contains three versions of the loss share calculation for foreclosure, plus explanatory notes. Exhibit 2a(1) CALCULATION OF FORECLOSURE LOSS Foreclosure Occurred Prior to Loss Share Agreement 1 Shared-Loss Month May-09 2 Loan no: 364574 3 REO # 621 4 Foreclosure date 12/18/08 5 Liquidation date 4/12/09 6 Note Interest rate 8.100 % 7 Most recent BPO 228,000 8 Most recent BPO date 1/21/09 Foreclosure Loss calculation 9 Book value at date of Loss Share agreement 244,900 10 Accrued interest, limited to 90 days or days from failure to sale, whichever is less 3,306 11 Costs incurred after Loss Share agreement in place: 12 Attorney’s fees 0 13 Foreclosure costs, including title search, filing fees, advertising, etc. 0 14 Property protection costs, maint. and repairs 6,500 15 Tax and insurance advances 0 Other Advances 16 Appraisal/Broker’s Price Opinion fees 0 17 Inspections 0 18 Other 0 19 Gross balance recoverable by Purchaser 254,706 Cash Recoveries: 20 Net liquidation proceeds (from HUD-1 sett settl stmt) 219,400 21 Hazard Insurance proceeds 0 22 Mortgage Insurance proceeds 0 23 T & I escrow account balances, if positive 0 24 Other credits, if any (itemize) 0 25 Total Cash Recovery 219,400 26 Loss Amount 35,306 Exhibit 2a(2) CALCULATION OF FORECLOSURE LOSS No Preceeding Loan Mod under Loss Share 1 Shared-Loss Month May-09 2 Loan no: 292334 3 REO # 477 4 Interest paid-to-date 4/30/08 5 Foreclosure date 1/15/09 6 Liquidation date 4/12/09 7 Note Interest rate 8.000 % 8 Owner occupied? Yes 9 If owner-occupied: 10 Borrower current gross annual income 42,000 11 Estimated NPV of loan mod 195,000 12 Most recent BPO 235,000 13 Most recent BPO date 1/21/09 Foreclosure Loss calculation 16 Loan Principal balance after last paid installment 300,000 17 Accrued interest, limited to 90 days 6,000 18 Attorney’s fees 0 19 Foreclosure costs, including title search, filing fees, advertising, etc. 4,000 20 Property protection costs, maint. and repairs 5,500 21 Tax and insurance advances 1,500 Other Advances 22 Appraisal/Broker’s Price Opinion fees 0 23 Inspections 50 24 Other 0 25 Gross balance recoverable by Purchaser 317,050 Cash Recoveries: 26 Net liquidation proceeds (from HUD-1 settl stmt) 205,000 27 Hazard Insurance proceeds 0 28 Mortgage Insurance proceeds 0 29 T & I escrow account balances, if positive 0 30 Other credits, if any (itemize) 0 31 Total Cash Recovery 205,000 32 Loss Amount 112,050 Exhibit 2a(3) CALCULATION OF FORECLOSURE LOSS Foreclosure after a Covered Loan Mod 1 Shared-Loss Month May-09 2 Loan no: 138554 3 REO # 843 4 Loan mod date 1/17/08 5 Interest paid-to-date 4/30/08 6 Foreclosure date 1/15/09 7 Liquidation date 4/12/09 8 Note Interest rate 4.000 % 9 Most recent BPO 210,000 10 Most recent BPO date 1/20/09 Foreclosure Loss calculation 11 NPV of projected cash flows at loan mod 285,000 12 Less: Principal payments between loan mod and deliquency 2,500 13 Plus:

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Pacwest Bancorp)

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Exhibit 1 Monthly Certificate SEE FOLLOWING PAGE 77 Pursuant to Section 2.1 of the Single Family Shared-Loss Agreement, the undersigned hereby certifies the information on this Certificate is true, complete and correct. OFFICER SIGNATURE OFFICER NAME: TITLE 83 84 85 Exhibit 2a This exhibit contains three versions of the loss share calculation for foreclosure, plus explanatory notes. Exhibit 2a(12.1(c) CALCULATION OF FORECLOSURE LOSS Foreclosure Occurred Prior to Loss Share Agreement 1 Shared-Loss Month May-09 2 Loan no: 364574 3 REO # 621 ID 4 Foreclosure Property type 5 Lien 7 Documentation 8 Original FICO 9 Original LTV 10 Original combined LTV 11 Original front-end DTI 12 Original back-end DTI 13 Negative Amortization cap 14 Property city 15 Property state 16 Property street address 17 Property zip 18 Maturity date 12/18/08 5 Liquidation date 4/12/09 6 Note 19 MI Coverage 20 Occupancy 21 Interest rate 8.100 % 7 Most recent BPO 228,000 8 Most recent BPO date 1/21/09 Foreclosure Loss calculation 9 Book value at date of Loss Share agreement 244,900 10 Accrued interest, limited to 90 days or days from failure to sale, whichever is less 3,306 11 Costs incurred after Loss Share agreement in place: 12 Attorney’s fees 0 13 Foreclosure costs, including title search, filing fees, advertising, etc. 0 14 Property protection costs, maint. and repairs 6,500 15 Tax and insurance advances 0 Other Advances 16 Appraisal/Broker’s Price Opinion fees 0 17 Inspections 0 18 Other 0 19 Gross balance recoverable by Purchaser 254,706 Cash Recoveries: 20 Net liquidation proceeds (from HUD-1 sett stmt) 219,400 21 Hazard Insurance proceeds 0 type 22 Mortgage Insurance proceeds 0 Product Type 23 T & I escrow account balances, if positive 0 Loan amortization type 24 Other credits, if any (itemize) 0 Lookback 25 Total Cash Recovery 219,400 Margin 26 Loss Amount 35,306 Exhibit 2a(2) CALCULATION OF FORECLOSURE LOSS No Preceeding Loan Mod under Loss Share 1 Shared-Loss Month May-09 2 Loan no: 292334 3 REO # 477 4 Interest paid-to-date 4/30/08 5 Foreclosure date 1/15/09 6 Liquidation date 4/12/09 7 Note Interest rate 8.000 % 8 Owner occupied? Yes 9 If owner-occupied: 10 Borrower current gross annual income 42,000 11 Estimated NPV of loan mod 195,000 12 Most recent BPO 235,000 13 Most recent BPO date 1/21/09 Foreclosure Loss calculation 16 Loan Principal balance after last paid installment 300,000 17 Accrued interest, limited to 90 days 6,000 18 Attorney’s fees 0 19 Foreclosure costs, including title search, filing fees, advertising, etc. 4,000 20 Property protection costs, maint. and repairs 5,500 21 Tax and insurance advances 1,500 Other Advances 22 Appraisal/Broker’s Price Opinion fees 0 23 Inspections 50 24 Other 0 25 Gross balance recoverable by Purchaser 317,050 Cash Recoveries: 26 Net liquidation proceeds (from HUD-1 settl stmt) 205,000 index 27 Hazard Insurance proceeds 0 28 Mortgage Insurance proceeds 0 29 T & I escrow account balances, if positive 0 30 Other credits, if any (itemize) 0 31 Total Cash Recovery 205,000 32 Loss Amount 112,050 Exhibit 2a(3) CALCULATION OF FORECLOSURE LOSS Foreclosure after a Covered Loan Mod 1 Shared-Loss Month May-09 2 Loan no: 138554 3 REO # 843 4 Loan mod date 1/17/08 5 Interest paid-to-date 4/30/08 6 Foreclosure date 1/15/09 7 Liquidation date 4/12/09 8 Note Interest rate 4.000 % 9 Most recent BPO 210,000 10 Most recent BPO cap 28 Interest rate floor 29 First interest cap 30 Periodic interest cap 31 Periodic interest floor 32 Pay Cap 33 UPB 34 Interest rate 35 Paid-to date 1/20/09 Foreclosure Loss calculation 11 NPV of projected cash flows at loan mod 285,000 12 Less: Principal payments between loan mod and deliquency 2,500 13 Plus:36 Next payment due date 37 Scheduled payment 38 Escrow payment 39 Escrow balance 40 Next interest rate reset date 41 Next payment reset date 42 Rate reset period 43 Payment reset period 44 Payment History 45 Exceptional Loan Status 46 Valuation date 47 Valuation amount 48 Valuation type 49 Household income 50 Current FICO 51 Maximum Draw Amount 52 Draw period 53 Superior Lien Balance Notes to Exhibits 2a (restructuring)

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Umpqua Holdings Corp)

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