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). Exhibit 1 Monthly Certificate SEE FOLLOWING PAGE 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% 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 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 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 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 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 Foreclosure costs, including title search, filing fees,

Appears in 2 contracts

Samples: Purchase and Assumption Agreement, Purchase and Assumption Agreement

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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 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 Recovery Loss Loss 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. E Col. D - Col. Col. D Col. E E Cumulative 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 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 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 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 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 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 Foreclosure costs, including title search, filing fees,.

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 PART 1 - CURRENT MONTH NET LOSS MONTH ENDED: Losses [input report month] Loss Specify loss type as Foreclosure, or Short-Sale. MONTH ENDED: [input report month] Losses Loss Loan No. Loss Type Amount TOTAL Loss Amount is s the amount of f Loss incurred ncurred and reported eported on the he loan in a Loss Month is i the reporting o month in i which the r Loss was t 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 Cumulative Loss Amount Col. E First Loss Tranche 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% 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 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 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 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 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 Foreclosure costs, including title search, filing fees,)

Appears in 1 contract

Samples: Purchase and Assumption Agreement

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). Exhibit 1 Monthly Certificate SEE FOLLOWING PAGE PART 1 - CURRENT MONTH NET LOSS Specify loss type as Foreclosure, or Short-Sale. Loss Month is the reporting month in which the Loss was reported. MONTH ENDED: [input report month] Losses Loss Loan No. Loss Type Loss Amount TOTAL Recoveries Loan No. XX Recovery Amount 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. 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. (Recoveries) PART 2 - FIRST LOSS TEST Col. D Cumulative Loss Amount Col. E First Loss Tranche 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 XX XX XX F 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% 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 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 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 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 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 Foreclosure costs, including title search, filing fees,)

Appears in 1 contract

Samples: 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 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. (Recoveries) PART 2 - FIRST LOSS TEST Col. D Cumulative Loss Amount Col. E First Loss Tranche 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 XX XX XX F 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% 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 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 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 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 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 Foreclosure costs, including title search, filing fees,.

Appears in 1 contract

Samples: 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 PART 1 - CURRENT MONTH NET LOSS MONTH ENDED: Losses [input report month] 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 f L ncurred an eporte he l Loss Month is i the reporting o month in i which the r Loss was t 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 Cumulative Loss Amount Col. E First Loss Tranche 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% 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 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 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 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 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 Foreclosure costs, including title search, filing fees,)

Appears in 1 contract

Samples: 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 PART 1 I - (CURRENT MONTH NET LOSS MONTH ENDED: [input report month] Specify loss type as Foreclosure, or Short-Sale. MONTH ENDED: [input report month] Losses Loss Loan No. Loss Type Loss Amount 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. TOTAL XX A Recoveries Loan No. Recovery Amount Loss Amount Loss Month TOTAL XX B Net Losses (Recoveries) XX C = A C=A-B PART 2 - B FIRST LOSS TEST If Col. D minus Col. E is less than zero, enter zero. PART 2 - FIRST LOSS TEST Col. D - Col. Col. D Cumulative Loss Amount Col. E E Cumulative Cumulative Loss Amount First Loss Tranche CoI.D-Col. E 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 XX XX XX XX F G G-F 80% 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 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 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 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 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 Foreclosure costs, including title search, filing fees,.

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Home Bancorp, Inc.)

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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). Exhibit 1 Monthly Certificate SEE FOLLOWING PAGE 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% 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 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 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 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 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 Foreclosure costs, including title search, filing fees,

Appears in 1 contract

Samples: 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 Module 1 — Whole Bank w/ Loss Share — P&A First Security National Bank Version 1.12 Norcross, GA November 17, 2009 78 Module 1 – Whole Bank w/ Loss Share – P&A First Security National Bank Version 1.12 Norcross, GA November 17, 2009 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 Recovery Loss Loss 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. E Col. D - Col. Col. D Col. E E Cumulative 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 Specify loss type as Foreclosure, or Short-Sale. 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. If Col. D minus Col. E is less than zero, enter zero. 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 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 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 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 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 Foreclosure costs, including title search, filing fees,TITLE

Appears in 1 contract

Samples: Purchase and Assumption Agreement (STATE BANK FINANCIAL Corp)

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). Exhibit 1 Monthly Certificate SEE FOLLOWING PAGE 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: May-09 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 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 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 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 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: May-09 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 Foreclosure costs, including title search, filing fees,, 19 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 2 Loan no: May-09 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

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