Common use of Valid Security Interest Clause in Contracts

Valid Security Interest. Each Contract creates a valid, subsisting and enforceable first priority perfected security interest in favor of Seller or Eaglemark Savings Bank (as the case may be) in the Motorcycle covered thereby, and such security interest has been assigned by Eaglemark Savings Bank to Seller (where applicable) and by Seller to the Trust Depositor. The original certificate of title, certificate of lien or other notification or evidence (the “Lien Certificate”) issued by the body responsible for the registration of, and the issuance of certificates of title or evidence relating to, motor vehicles and liens thereon (the “Registrar of Titles”) of the applicable state shows the Seller or Eaglemark Savings Bank (as the case may be) as original secured party under each Contract and as the holder of a first priority security interest in such Motorcycle. With respect to each Contract for which a written Lien Certificate is provided and has not yet been returned from the Registrar of Titles, the Seller has received written evidence that such Lien Certificate showing the Seller or Eaglemark Savings Bank as lienholder has been applied for. Eaglemark Savings Bank’s security interest has been validly assigned by Eaglemark Savings Bank to Seller. The Seller’s security interest has been validly assigned by the Seller to the Trust Depositor pursuant to the Transfer and Sale Agreement and by the Trust Depositor to the Issuer pursuant to this Agreement. Immediately after the transfer, each Contract will be secured by an enforceable and perfected first priority security interest in the Motorcycle in favor of the Trust as secured party, which security interest is prior to all other liens upon and security interests in such Motorcycle which now exist or may hereafter arise or be created (except, as to priority, for any lien for taxes, labor, materials or of any state law enforcement agency affecting a Motorcycle).

Valid Security Interest. Each Contract creates a valid, subsisting and enforceable first priority perfected security interest in favor of Seller or Eaglemark Savings Bank (as the case may be) in the Motorcycle covered thereby, and such security interest has been assigned by Eaglemark Savings Bank to Seller (where applicable) and by Seller to the Trust Depositor. The original certificate of title, certificate of lien or other notification or evidence (the “Lien Certificate”) issued by the body responsible for the registration of, and the issuance of certificates of title or evidence relating to, motor vehicles and liens thereon (the “Registrar of Titles”) of the applicable state shows the Seller or Eaglemark Savings Bank (as the case may be) as original secured party under each Contract and as the holder of a first priority security interest in such Motorcycle. With respect to each Contract for which a written Lien Certificate is provided and has not yet been returned from the Registrar of Titles, the Seller has received written evidence that such Lien Certificate showing the Seller or Eaglemark Savings Bank as lienholder has been applied for. Eaglemark Savings Bank’s security interest has been validly assigned by Eaglemark Savings Bank to Seller. The Seller’s security interest has been validly assigned by the Seller to the Trust Depositor pursuant to the Transfer and Sale this Agreement and by the Trust Depositor to the Issuer pursuant to this the Sale and Servicing Agreement. Immediately after the transfersale, each Contract will be secured by an enforceable and perfected first priority security interest in the Motorcycle in favor of the Trust as secured party, which security interest is prior to all other liens upon and security interests in such Motorcycle which now exist or may hereafter arise or be created (except, as to priority, for any lien for taxes, labor, materials or of any state law enforcement agency affecting a Motorcycle).

Valid Security Interest. Each Contract creates a valid, subsisting and enforceable first priority perfected security interest in favor of Seller or Eaglemark Savings Bank (as the case may be) in the Motorcycle covered thereby, and such security interest has been assigned by Eaglemark Savings Bank to Seller (where applicable) and by Seller to the Trust Depositor. The original certificate of title, certificate of lien or other notification or evidence (the “Lien Certificate”"LIEN CERTIFICATE") issued by the body responsible for the registration of, and the issuance of certificates of title or evidence relating to, motor vehicles and liens thereon (the “Registrar of Titles”"REGISTRAR OF TITLES") of the applicable state shows to a secured party which indicates the lien of the secured party on the Motorcycle is recorded on the original certificate of title, and the original certificate of title for each Motorcycle, show, or if a new or replacement Lien Certificate is being applied for with respect to such Motorcycle the Lien Certificate will be received within 180 days of the Closing Date (or the applicable Subsequent Transfer Date in the case of Subsequent Contracts) and will show, the Seller or Eaglemark Savings Bank (as the case may be) as original secured party under each Contract and as the holder of a first priority security interest in such Motorcycle. With respect to each Contract for which a written the Lien Certificate is provided and has not yet been returned from the Registrar of Titles, the Seller has received written evidence from the related dealer that such Lien Certificate showing the Seller or Eaglemark Savings Bank as lienholder has been applied for. Eaglemark Savings Bank’s security interest has been validly assigned by Eaglemark Savings Bank to Seller. The Seller’s 's security interest has been validly assigned by the Seller to the Trust Depositor pursuant to the Transfer and Sale Agreement and by the Trust Depositor to the Issuer and Owner Trustee pursuant to this Agreement. Immediately after the transfersale, each Contract will be secured by an enforceable and perfected first priority security interest in the Motorcycle in favor of the Trust as secured party, which security interest is prior to all other liens upon and security interests in such Motorcycle which now exist or may hereafter arise or be created (except, as to priority, for any lien for taxes, labor, materials or of any state law enforcement agency affecting a Motorcycle).

Valid Security Interest. Each Contract (other than the Land-and-Home Contracts) creates a valid, subsisting valid and enforceable perfected first priority perfected security interest in favor of Seller or Eaglemark Savings Bank (as the case may be) Originator in the Motorcycle Manufactured Home covered thereby as security for payment of the Cut-off Date Principal Balance of such Contract. The Originator has assigned to the Seller and the Seller has assigned all of its right, title and interest in such Contract, including the security interest in the Manufactured Home covered thereby, and such security interest has been assigned by Eaglemark Savings Bank to Seller (where applicable) and by Seller to the Trust DepositorPurchaser. The original certificate of title, certificate of lien or other notification or evidence (the “Lien Certificate”) issued by the body responsible for the registration of, and the issuance of certificates of title or evidence relating to, motor vehicles and liens thereon (the “Registrar of Titles”) of the applicable state shows the Seller or Eaglemark Savings Bank (as the case may be) as original secured party under Purchaser will own each Contract free of any lien and as the holder of has and will have a valid and enforceable first priority security interest in such Motorcycleeach Manufactured Home covered thereby. With respect to each Contract for which a written Lien Certificate is provided and has not yet been returned from Upon execution of the Registrar of TitlesIndenture, the Seller has received written evidence that such Lien Certificate showing the Seller or Eaglemark Savings Bank as lienholder has been applied for. Eaglemark Savings Bank’s security interest has been validly assigned by Eaglemark Savings Bank to Seller. The Seller’s security interest has been validly assigned by the Seller to the Trust Depositor pursuant to the Transfer and Sale Agreement and by the Trust Depositor to the Issuer pursuant to this Agreement. Immediately after the transfer, each Contract Indenture Trustee will be secured by an enforceable have a valid and perfected first priority security interest in the Motorcycle related Manufactured Home securing each Contract included in the Trust Estate. Each Mortgage related to a Land-and-Home Contract is a valid first lien in favor of the Trust Seller on real property securing the amount owed by the Obligor under the related Land-and-Home Contract subject only to (i) the lien of current real property taxes and assessments, (ii) covenants, conditions and restrictions, rights of way, easements and other matters of public record as secured partyof the date of recording of such Mortgage, such exceptions appearing of record being acceptable to mortgage lending institutions generally in the area wherein the property subject to the Mortgage is located or specifically reflected in the appraisal obtained in connection with the origination of the related Land-and-Home Contract obtained by the Seller and (iii) other matters to which like properties are commonly subject which do not materially interfere with the benefits of the security intended to be provided by such Mortgage. As of the Closing Date, with respect to each Contract, the Seller will have assigned all of its right, title and interest in such Land-and-Home Contract and related Mortgage, including the security interest is prior in the Manufactured Home covered thereby, to all other liens upon the Purchaser who will assign it to the Issuer, who will pledge it to the Indenture Trustee under the Indenture. The Purchaser will have a valid and perfected and enforceable first priority security interests in such Motorcycle which now exist or may hereafter arise or be created (exceptinterest each Mortgaged Property related to a Land-and-Home Contract, as subject to priority, for any lien for taxes, labor, materials or of any state law enforcement agency affecting a Motorcycle)the exceptions set forth above.

Valid Security Interest. Each Contract creates a valid, subsisting and enforceable first priority perfected security interest in favor of Seller or Eaglemark Savings Bank (as the case may be) in the Motorcycle covered thereby, and such security interest has been assigned by Eaglemark Savings Bank to Seller (where applicable) and by Seller to the Trust Depositor. The original certificate of title, certificate of lien or other notification or evidence (the “Lien Certificate”"LIEN CERTIFICATE") issued by the body responsible for the registration of, and the issuance of certificates of title or evidence relating to, motor vehicles and liens thereon (the “Registrar of Titles”"REGISTRAR OF TITLES") of the applicable state shows to a secured party which indicates the lien of the secured party on the Motorcycle is recorded on the original certificate of title, and original certificate of title for each Motorcycle, show, or if a new or replacement Lien Certificate is being applied for with respect to such Motorcycle the Lien Certificate will be received within 180 days of the Closing Date (or the applicable Subsequent Transfer Date in the case of Subsequent Contracts) and will show, the Seller or Eaglemark Savings Bank (as the case may be) as original secured party under each Contract and as the holder of a first priority security interest in such Motorcycle. With respect to each Contract for which a written the Lien Certificate is provided and has not yet been returned from the Registrar of Titles, the Seller has received written evidence from the related dealer that such Lien Certificate showing the Seller or Eaglemark Savings Bank as lienholder has been applied for. Eaglemark Savings Bank’s security interest has been validly assigned by Eaglemark Savings Bank to , the Seller. The Seller’s 's security interest has been validly assigned by the Seller to the Trust Depositor pursuant to the Transfer and Sale Agreement and by the Trust Depositor to the Issuer pursuant to this Agreement. Immediately after the transfer, each Contract will be secured by an enforceable and perfected first priority security interest in the Motorcycle in favor of the Trust as secured party, which security interest is prior to all other liens upon and security interests in such Motorcycle which now exist or may hereafter arise or be created (except, as to priority, for any lien for taxes, labor, materials or of any state law enforcement agency affecting a Motorcycle).

Valid Security Interest. Each Contract creates a valid, subsisting and enforceable first priority perfected security interest in favor of Seller or Eaglemark Savings Bank (as the case may be) in the Motorcycle covered thereby, and such security interest has been assigned by Eaglemark Savings Bank to Seller (where applicable) and by Seller to the Trust Depositor. The original certificate of title, certificate of lien or other notification or evidence (the “Lien Certificate”"LIEN CERTIFICATE") issued by the body responsible for the registration of, and the issuance of certificates of title or evidence relating to, motor vehicles and liens thereon (the “Registrar of Titles”"REGISTRAR OF TITLES") of the applicable state shows to a secured party which indicates the lien of the secured party on the Motorcycle is recorded on the original certificate of title, and original certificate of title for each Motorcycle, show, or if a new or replacement Lien Certificate is being applied for with respect to such Motorcycle the Lien Certificate will be received within 180 days of the Closing Date (or the applicable Subsequent Transfer Date in the case of Subsequent Contracts) and will show, the Seller or Eaglemark Savings Bank (as the case may be) as original secured party under each Contract and as the holder of a first priority security interest in such Motorcycle. With respect to each Contract for which a written the Lien Certificate is provided and has not yet been returned from the Registrar of Titles, the Seller has received written evidence from the related dealer that such Lien Certificate showing the Seller or Eaglemark Savings Bank as lienholder has been applied for. Eaglemark Savings Bank’s security interest has been validly assigned by Eaglemark Savings Bank to , the Seller. The Seller’s 's security interest has been validly assigned by the Seller to the Trust Depositor pursuant to the Transfer and Sale Agreement and by the Trust Depositor to the Issuer pursuant to this Agreement. Immediately after the transfersale, each Contract will be secured by an enforceable and perfected first priority security interest in the Motorcycle in favor of the Trust as secured party, which security interest is prior to all other liens upon and security interests in such Motorcycle which now exist or may hereafter arise or be created (except, as to priority, for any lien for taxes, labor, materials or of any state law enforcement agency affecting a Motorcycle).

Valid Security Interest. Each Contract creates a valid, subsisting and enforceable first priority perfected security interest in favor of Seller or Eaglemark Savings Bank (as the case may be) in the Motorcycle covered thereby, and such security interest has been assigned by Eaglemark Savings Bank to Seller (where applicable) and by Seller to the Trust Depositor. The original certificate of title, certificate of lien or other notification or evidence (the “Lien Certificate”"LIEN CERTIFICATE") issued by the body responsible for the registration of, and the issuance of certificates of title or evidence relating to, motor vehicles and liens thereon (the “Registrar of Titles”"REGISTRAR OF TITLES") of the applicable state shows to a secured party which indicates the lien of the secured party on the Motorcycle is recorded on the original certificate of title, and original certificate of title for each Motorcycle, show, or if a new or replacement Lien Certificate is being applied for with respect to such Motorcycle the Lien Certificate will be received within 180 days of the Closing Date (or the applicable Subsequent Transfer Date in the case of Subsequent Contracts) and will show, the Seller or Eaglemark Savings Bank (as the case may be) as original secured party under each Contract and as the holder of a first priority security interest in such Motorcycle. With respect to each Contract for which a written the Lien Certificate is provided and has not yet been returned from the Registrar of Titles, the Seller has received written evidence from the related dealer that such Lien Certificate showing the Seller or Eaglemark Savings Bank as lienholder has been applied for. Eaglemark Savings Bank’s security interest has been validly assigned by Eaglemark Savings Bank to , the Seller. The Seller’s 's security interest has been validly assigned by the Seller to the Trust Depositor pursuant to the Transfer and Sale Agreement and by the Trust Depositor to the Issuer and Owner Trustee pursuant to this Agreement. Immediately after the transfersale, each Contract will be secured by an enforceable and perfected first priority security interest in the Motorcycle in favor of the Trust as secured party, which security interest is prior to all other liens upon and security interests in such Motorcycle which now exist or may hereafter arise or be created (except, as to priority, for any lien for taxes, labor, materials or of any state law enforcement agency affecting a Motorcycle).

Valid Security Interest. Each Contract (other than the Land-and-Home Contracts) creates a valid, subsisting valid and enforceable perfected first priority perfected security interest in favor of Seller or Eaglemark Savings Bank (as the case may be) Originator in the Motorcycle Manufactured Home covered thereby as security for payment of the Cut-off Date Principal Balance of such Contract. The Originator has assigned to the Seller and the Seller has assigned all of its right, title and interest in such Contract, including the security interest in the Manufactured Home covered thereby, and such security interest has been assigned by Eaglemark Savings Bank to Seller (where applicable) and by Seller to the Trust DepositorPurchaser. The original certificate of title, certificate of lien or other notification or evidence (the “Lien Certificate”) issued by the body responsible for the registration of, and the issuance of certificates of title or evidence relating to, motor vehicles and liens thereon (the “Registrar of Titles”) of the applicable state shows the Seller or Eaglemark Savings Bank (as the case may be) as original secured party under Purchaser will own each Contract free of any lien and as the holder of has and will have a valid and enforceable first priority security interest in such Motorcycleeach Manufactured Home covered thereby. With respect to each Contract for which a written Lien Certificate is provided and has not yet been returned from Upon execution of the Registrar of TitlesIndenture, the Seller has received written evidence that such Lien Certificate showing the Seller or Eaglemark Savings Bank as lienholder has been applied for. Eaglemark Savings Bank’s security interest has been validly assigned by Eaglemark Savings Bank to Seller. The Seller’s security interest has been validly assigned by the Seller to the Trust Depositor pursuant to the Transfer and Sale Agreement and by the Trust Depositor to the Issuer pursuant to this Agreement. Immediately after the transfer, each Contract Indenture Trustee will be secured by an enforceable have a valid and perfected first priority security interest in the Motorcycle related Manufactured Home securing each Contract included in the Trust Estate. Each Mortgage related to a Land-and-Home Contract is a valid first lien in favor of the Trust Seller on real property securing the amount owed by the Obligor under the related Land-and-Home Contract subject only to (i) the lien of current real property taxes and assessments, (ii) covenants, conditions and restrictions, rights of way, easements and other matters of public record as secured partyof the date of recording of such Mortgage, such exceptions appearing of record being acceptable to mortgage lending institutions generally in the area wherein the property subject to the Mortgage is located or specifically reflected in the appraisal obtained in connection with the origination of the related Land-and- Home Contract obtained by the Seller and (iii) other matters to which like properties are commonly subject which do not materially interfere with the benefits of the security intended to be provided by such Mortgage. As of the Closing Date, with respect to each Contract, the Seller will have assigned all of its right, title and interest in such Land-and-Home Contract and related Mortgage, including the security interest is prior in the Manufactured Home covered thereby, to all other liens upon the Purchaser who will assign it to the Issuer, who will pledge it to the Indenture Trustee under the Indenture. The Purchaser will have a valid and perfected and enforceable first priority security interests in such Motorcycle which now exist or may hereafter arise or be created (exceptinterest each Mortgaged Property related to a Land-and-Home Contract, as subject to priority, for any lien for taxes, labor, materials or of any state law enforcement agency affecting a Motorcycle)the exceptions set forth above.

Valid Security Interest. Each Contract creates a valid, subsisting and enforceable first priority perfected security interest in favor of Seller or Eaglemark Savings Bank (as the case may be) in the Motorcycle covered thereby, and such security interest has been assigned by Eaglemark Savings Bank to Seller (where applicable) and by Seller to the Trust Depositor. The original certificate of title, certificate of lien or other notification or evidence (the “Lien Certificate”) issued by the body responsible for the registration of, and the issuance of certificates of title or evidence relating to, motor vehicles and liens thereon (the “Registrar of Titles”) of the applicable state shows the Seller or Eaglemark Savings Bank (as the case may be) as original secured party under each Contract and as the holder of a first priority security interest in such Motorcycle. With respect to each Contract for which a written Lien Certificate is provided and has not yet been returned from the Registrar of Titles, the Seller has received written evidence that such Lien Certificate showing the Seller or Eaglemark Savings Bank as lienholder has been applied for. Eaglemark Savings Bank’s security interest has been validly assigned by Eaglemark Savings Bank to Seller. The Seller’s security interest has been validly assigned by the Seller to the Trust Depositor pursuant to the Transfer and Sale Agreement and by the Trust Depositor to the Issuer pursuant to this Agreement. Immediately after the transfer, each Contract will be secured by an enforceable and perfected first priority security interest in the Motorcycle in favor of the Trust as secured party, which security interest is prior to all other liens upon and security interests in such Motorcycle which now exist or may hereafter arise or be created (except, as to priority, for any lien for taxes, labor, materials or of any state law enforcement agency affecting a Motorcycle).

Valid Security Interest. Each Contract creates a valid, subsisting and enforceable first priority perfected security interest in favor of Seller or Eaglemark Savings Bank (as the case may be) in the Motorcycle covered thereby, and such security interest has been assigned by Eaglemark Savings Bank to Seller (where applicable) and by Seller to the Trust Depositor. The original certificate of title, certificate of lien or other notification or evidence (the “Lien Certificate”"LIEN CERTIFICATE") issued by the body responsible for the registration of, and the issuance of certificates of title or evidence relating to, motor vehicles and liens thereon (the “Registrar of Titles”"REGISTRAR OF TITLES") of the applicable state shows the Seller or Eaglemark Savings Bank (as the case may be) as original secured party under each Contract and as the holder of a first priority security interest in such Motorcycle. With respect to each Contract for which a written Lien Certificate is provided and has not yet been returned from the Registrar of Titles, the Seller has received written evidence that such Lien Certificate showing the Seller or Eaglemark Savings Bank as lienholder has been applied for. Eaglemark Savings Bank’s 's security interest has been validly assigned by Eaglemark Savings Bank to Seller. The Seller’s 's security interest has been validly assigned by the Seller to the Trust Depositor pursuant to the Transfer and Sale Agreement and by the Trust Depositor to the Issuer pursuant to this Agreement. Immediately after the transfer, each Contract will be secured by an enforceable and perfected first priority security interest in the Motorcycle in favor of the Trust as secured party, which security interest is prior to all other liens upon and security interests in such Motorcycle which now exist or may hereafter arise or be created (except, as to priority, for any lien for taxes, labor, materials or of any state law enforcement agency affecting a Motorcycle).

Valid Security Interest. Each Contract creates a valid, subsisting and enforceable first priority perfected security interest in favor of Seller or Eaglemark Savings Bank (as the case may be) in the Motorcycle covered thereby, and such security interest has been assigned by Eaglemark Savings Bank to Seller (where applicable) and by Seller to the Trust Depositor. The original certificate of title, certificate of lien or other notification or evidence (the “"Lien Certificate”") issued by the body responsible for the registration of, and the issuance of certificates of title or evidence relating to, motor vehicles and liens thereon (the “"Registrar of Titles”") of the applicable state shows the Seller or Eaglemark Savings Bank (as the case may be) as original secured party under each Contract and as the holder of a first priority security interest in such Motorcycle. With respect to each Contract for which a written Lien Certificate is provided and has not yet been returned from the Registrar of Titles, the Seller has received written evidence that such Lien Certificate showing the Seller or Eaglemark Savings Bank as lienholder has been applied for. Eaglemark Savings Bank’s 's security interest has been validly assigned by Eaglemark Savings Bank to Seller. The Seller’s 's security interest has been validly assigned by the Seller to the Trust Depositor pursuant to the Transfer and Sale this Agreement and by the Trust Depositor to the Issuer pursuant to this the Sale and Servicing Agreement. Immediately after the transfersale, each Contract will be secured by an enforceable and perfected first priority security interest in the Motorcycle in favor of the Trust as secured party, which security interest is prior to all other liens upon and security interests in such Motorcycle which now exist or may hereafter arise or be created (except, as to priority, for any lien for taxes, labor, materials or of any state law enforcement agency affecting a Motorcycle).

Valid Security Interest. Each Contract creates a valid, subsisting and enforceable first priority perfected security interest in favor of Seller or Eaglemark Savings Bank (as the case may be) in the Motorcycle covered thereby, and such security interest has been assigned by Eaglemark Savings Bank to Seller (where applicable) and by Seller to the Trust Depositor. The original certificate of title, certificate of lien or other notification or evidence (the “Lien Certificate”"LIEN CERTIFICATE") issued by the body responsible for the registration of, and the issuance of certificates of title or evidence relating to, motor vehicles and liens thereon (the “Registrar of Titles”"REGISTRAR OF TITLES") of the applicable state shows to a secured party which indicates the lien of the secured party on the Motorcycle is recorded on the original certificate of title, and original certificate of title for each Motorcycle, show, or if a new or replacement Lien Certificate is being applied for with respect to such Motorcycle the Lien Certificate will be received within 180 days of the Closing Date (or the applicable Subsequent Transfer Date in the case of Subsequent Contracts) and will show, the Seller or Eaglemark Savings Bank (as the case may be) as original secured party under each Contract and as the holder of a first priority security interest in such Motorcycle. With respect to each Contract for which a written the Lien Certificate is provided and has not yet been returned from the Registrar of Titles, the Seller has received written evidence from the related dealer that such Lien Certificate showing the Seller or Eaglemark Savings Bank as lienholder has been applied for. Eaglemark Savings Bank’s security interest has been validly assigned by Eaglemark Savings Bank to Seller. The Seller’s 's security interest has been validly assigned by the Seller to the Trust Depositor pursuant to the Transfer and Sale Agreement and by the Trust Depositor to the Issuer and Owner Trustee pursuant to this Agreement. Immediately after the transfersale, each Contract will be secured by an enforceable and perfected first priority security interest in the Motorcycle in favor of the Trust as secured party, which security interest is prior to all other liens upon and security interests in such Motorcycle which now exist or may hereafter arise or be created (except, as to priority, for any lien for taxes, labor, materials or of any state law enforcement agency affecting a Motorcycle).

Valid Security Interest. Each Contract creates a valid, subsisting and enforceable first priority perfected security interest in favor of Seller or Eaglemark Savings Bank (as the case may be) in the Motorcycle covered thereby, and such security interest has been assigned by Eaglemark Savings Bank to Seller (where applicable) and by Seller to the Trust Depositor. The original certificate of title, certificate of lien or other notification or evidence (the “Lien Certificate”) issued by the body responsible for the registration of, and the issuance of certificates of title or evidence relating to, motor vehicles and liens thereon (the “Registrar of Titles”) of the applicable state shows to a secured party which indicates the lien of the secured party on the Motorcycle is recorded on the original certificate of title, and the original certificate of title for each Motorcycle, show, or if a new or replacement Lien Certificate is being applied for with respect to such Motorcycle the Lien Certificate will be received within 180 days of the Closing Date (or the applicable Subsequent Transfer Date in the case of Subsequent Contracts) and will show, the Seller or Eaglemark Savings Bank (as the case may be) as original secured party under each Contract and as the holder of a first priority security interest in such Motorcycle. With respect to each Contract for which a written the Lien Certificate is provided and has not yet been returned from the Registrar of Titles, the Seller has received written evidence from the related dealer that such Lien Certificate showing the Seller or Eaglemark Savings Bank as lienholder has been applied for. Eaglemark Savings Bank’s security interest has been validly assigned by Eaglemark Savings Bank to Seller. The Seller’s security interest has been validly assigned by the Seller to the Trust Depositor pursuant to the Transfer and Sale Agreement and by the Trust Depositor to the Issuer and Owner Trustee pursuant to this Agreement. Immediately after the transfersale, each Contract will be secured by an enforceable and perfected first priority security interest in the Motorcycle in favor of the Trust as secured party, which security interest is prior to all other liens upon and security interests in such Motorcycle which now exist or may hereafter arise or be created (except, as to priority, for any lien for taxes, labor, materials or of any state law enforcement agency affecting a Motorcycle).

Valid Security Interest. Each Contract creates a valid, subsisting and enforceable first priority perfected security interest in favor of Seller or Eaglemark Savings Bank (as the case may be) in the Motorcycle covered thereby, and such security interest has been assigned by Eaglemark Savings Bank to Seller (where applicable) and by Seller to the Trust Depositor. The original certificate of title, certificate of lien or other notification or evidence (the “Lien Certificate”) issued by the body responsible for the registration of, and the issuance of certificates of title or evidence relating to, motor vehicles and liens thereon (the “Registrar of Titles”) of the applicable state shows to a secured party which indicates the lien of the secured party on the Motorcycle is recorded on the original certificate of title, and original certificate of title for each Motorcycle, show, or if a new or replacement Lien Certificate is being applied for with respect to such Motorcycle the Lien Certificate will be received within 180 days of the Closing Date (or the applicable Subsequent Transfer Date in the case of Subsequent Contracts) and will show, the Seller or Eaglemark Savings Bank (as the case may be) as original secured party under each Contract and as the holder of a first priority security interest in such Motorcycle. With respect to each Contract for which a written the Lien Certificate is provided and has not yet been returned from the Registrar of Titles, the Seller has received written evidence from the related dealer that such Lien Certificate showing the Seller or Eaglemark Savings Bank as lienholder has been applied for. Eaglemark Savings Bank’s security interest has been validly assigned by Eaglemark Savings Bank to Seller. The , the Seller’s security interest has been validly assigned by the Seller to the Trust Depositor pursuant to the Transfer and Sale Agreement and by the Trust Depositor to the Issuer pursuant to this Agreement. Immediately after the transfer, each Contract will be secured by an enforceable and perfected first priority security interest in the Motorcycle in favor of the Trust as secured party, which security interest is prior to all other liens upon and security interests in such Motorcycle which now exist or may hereafter arise or be created (except, as to priority, for any lien for taxes, labor, materials or of any state law enforcement agency affecting a Motorcycle).

Valid Security Interest. Each Contract creates a valid, subsisting and enforceable first priority perfected security interest in favor of Seller or Eaglemark Savings Bank (as the case may be) in the Motorcycle covered thereby, and such security interest has been assigned by Eaglemark Savings Bank to Seller (where applicable) and by Seller to the Trust Depositor. The original certificate of title, certificate of lien or other notification or evidence (the “Lien Certificate”) issued by the body responsible for the registration of, and the issuance of certificates of title or evidence relating to, motor vehicles and liens thereon (the “Registrar of Titles”) of the applicable state shows the Seller or Eaglemark Savings Bank (as the case may be) as original secured party under each Contract and as the holder of a first priority security interest in such Motorcycle. With respect to each Contract for which a written Lien Certificate is provided and has not yet been returned from the Registrar of Titles, the Seller has received written evidence that such Lien Certificate showing the Seller or Eaglemark Savings Bank as lienholder has been applied for. Eaglemark Savings Bank’s security interest has been validly assigned by Eaglemark Savings Bank to Seller. The Seller’s security interest has been validly assigned by the Seller to the Trust Depositor pursuant to the Transfer and Sale this Agreement and by the Trust Depositor to the Issuer pursuant to this the Sale and Servicing Agreement. Immediately after the transfersale, each Contract will be secured by an enforceable and perfected first priority security interest in the Motorcycle in favor of the Trust as secured party, which security interest is prior to all other liens upon and security interests in such Motorcycle which now exist or may hereafter arise or be created (except, as to priority, for any lien for taxes, labor, materials or of any state law enforcement agency affecting a Motorcycle).

Valid Security Interest. Each Contract (other than the Land-and-Home ----------------------- Contracts) creates a valid, subsisting valid and enforceable first priority perfected security interest in favor of Seller or Eaglemark Savings Bank (as the case may be) in the Motorcycle covered thereby, and such security interest has been assigned by Eaglemark Savings Bank to Seller (where applicable) and by Seller to the Trust Depositor. The original certificate of title, certificate of lien or other notification or evidence (the “Lien Certificate”) issued by the body responsible for the registration of, and the issuance of certificates of title or evidence relating to, motor vehicles and liens thereon (the “Registrar of Titles”) of the applicable state shows the Seller or Eaglemark Savings Bank (as the case may be) as original secured party under each Contract and as the holder of a first priority security interest in such Motorcycle. With respect to each Contract for which a written Lien Certificate is provided and has not yet been returned from the Registrar of Titles, the Seller has received written evidence that such Lien Certificate showing the Seller or Eaglemark Savings Bank as lienholder has been applied for. Eaglemark Savings Bank’s security interest has been validly assigned by Eaglemark Savings Bank to Seller. The Seller’s security interest has been validly assigned by the Seller to the Trust Depositor pursuant to the Transfer and Sale Agreement and by the Trust Depositor to the Issuer pursuant to this Agreement. Immediately after the transfer, each Contract will be secured by an enforceable and perfected first priority security interest in the Motorcycle in favor of the Trust Originator in the Manufactured Home covered thereby as secured partysecurity for payment of the Cut-off Date Principal Balance of such Contract. The Originator has assigned all of its right, title and interest in such Contract, including the security interest in the Manufactured Home covered thereby, to the Seller, and the Seller has assigned all of its right, title and interest in such Contract, including the security interest in the Manufactured Home covered thereby, to the Trustee. The Trustee has and will have under this Agreement a valid and continuing security interest (as defined in the Minnesota UCC) in such Contract and Manufactured Home, which security interest is prior to all other liens upon liens, and is enforceable against creditors of and purchasers from the Originator and the Seller. Each Mortgage is a valid first lien in favor of the Seller on real property securing the amount owed by the Obligor under the related Land-and-Home Contract subject only to (a) the lien of current real property taxes and assessments, (b) covenants, conditions and restrictions, rights of way, easements and other matters of public record as of the date of recording of such Mortgage, such exceptions appearing of record being acceptable to mortgage lending institutions generally in the area wherein the property subject to the Mortgage is located or specifically reflected in the appraisal obtained in connection with the origination of the related Land-and-Home Contract obtained by the Seller and (c) other matters to which like properties are commonly subject which do not materially interfere with the benefits of the security interests intended to be provided by such Mortgage. Each Land-and-Home Contract is covered by an American Land Title Association, or equivalent form, lender's title insurance policy. The Seller has assigned all of its right, title and interest in such Motorcycle Land-and-Home Contract and related Mortgage, including the security interest in the Manufactured Home covered thereby, to the Trustee. The Trustee has and will have under this Agreement a valid and continuing security interest (as defined in the Minnesota UCC) in such Land-and-Home Contract, which now exist security interest is prior to all other liens, and is enforceable against creditors of and purchasers from the Originator and the Seller. The Contract constitutes an instrument, tangible chattel paper, an account or may hereafter arise or be created (except, as to priority, for any lien for taxes, labor, materials or a payment intangible within the meaning of any state law enforcement agency affecting a Motorcycle)the Minnesota UCC.

Valid Security Interest. Each Contract creates a valid, subsisting and enforceable first priority perfected security interest in favor of Seller or Eaglemark Savings Bank (as the case may be) in the Motorcycle covered thereby, and such security interest has been assigned by Eaglemark Savings Bank to Seller (where applicable) and by Seller to the Trust Depositor. The original certificate of title, certificate of lien or other notification or evidence (the “Lien Certificate”) issued by the body responsible for the registration of, and the issuance of certificates of title or evidence relating to, motor vehicles and liens thereon (the “Registrar of Titles”) of the applicable state shows the Seller or Eaglemark Savings Bank (as the case may be) as original secured party under each Contract and as the holder of a first priority security interest in such Motorcycle. With respect to each Contract for which a written Lien Certificate is provided and has not yet been returned from the Registrar of Titles, the Seller has received written evidence that such Lien Certificate showing the Seller or Eaglemark Savings Bank as lienholder has been applied for. Eaglemark Savings Bank’s security interest has been validly assigned by Eaglemark Savings Bank to Seller. The Seller’s security interest has been validly assigned by the Seller to the Trust Depositor pursuant to the Transfer and Sale Agreement and by the Trust Depositor to the Issuer pursuant to this Agreement. Immediately after the transfer, each Contract will be secured by an enforceable and perfected first priority security interest in the Motorcycle in favor of the Trust as secured party, which security interest is prior to all other liens upon and security interests in such Motorcycle which now exist or may hereafter arise or be created (except, as to priority, for any lien for taxes, labor, materials or of any state law enforcement agency affecting a Motorcycle).

Valid Security Interest. Each Contract creates a valid, subsisting and enforceable first priority perfected security interest in favor of Seller or Eaglemark Savings Bank (as the case may be) in the Motorcycle covered thereby, and such security interest has been assigned by Eaglemark Savings Bank to Seller (where applicable) and by Seller to the Trust Depositor. The original certificate of title, certificate of lien or other notification or evidence (the “Lien Certificate”"LIEN CERTIFICATE") issued by the body responsible for the registration of, and the issuance of certificates of title or evidence relating to, motor vehicles and liens thereon (the “Registrar of Titles”"REGISTRAR OF TITLES") of the applicable state shows the Seller or Eaglemark Savings Bank (as the case may be) as original secured party under each Contract and as the holder of a first priority security interest in such Motorcycle. With respect to each Contract for which a written Lien Certificate is provided and has not yet been returned from the Registrar of Titles, the Seller has received written evidence that such Lien Certificate showing the Seller or Eaglemark Savings Bank as lienholder has been applied for. Eaglemark Savings Bank’s 's security interest has been validly assigned by Eaglemark Savings Bank to Seller. The Seller’s 's security interest has been validly assigned by the Seller to the Trust Depositor pursuant to the Transfer and Sale Agreement and by the Trust Depositor to the Issuer and Owner Trustee pursuant to this Agreement. Immediately after the transfersale, each Contract will be secured by an enforceable and perfected first priority security interest in the Motorcycle in favor of the Trust as secured party, which security interest is prior to all other liens upon and security interests in such Motorcycle which now exist or may hereafter arise or be created (except, as to priority, for any lien for taxes, labor, materials or of any state law enforcement agency affecting a Motorcycle).

Valid Security Interest. Each Contract creates a valid, subsisting and enforceable first priority perfected security interest in favor of Seller or Eaglemark Savings Bank (as the case may be) in the Motorcycle covered thereby, and such security interest has been assigned by Eaglemark Savings Bank to Seller (where applicable) and by Seller to the Trust Depositor. The original certificate of title, certificate of lien or other notification or evidence (the “Lien Certificate”) issued by the body responsible for the registration of, and the issuance of certificates of title or evidence relating to, motor vehicles and liens thereon (the “Registrar of Titles”) of the applicable state shows the Seller or Eaglemark Savings Bank (as the case may be) as original secured party under each Contract and as the holder of a first priority security interest in such Motorcycle. With respect to each Contract for which a written Lien Certificate is provided and has not yet been returned from the Registrar of Titles, the Seller has received written evidence that such Lien Certificate showing the Seller or Eaglemark Savings Bank as lienholder has been applied for. Eaglemark Savings Bank’s security interest has been validly assigned by Eaglemark Savings Bank to Seller. The Seller’s security interest has been validly assigned by the Seller to the Trust Depositor pursuant to the Transfer and Sale Agreement and by the Trust Depositor to the Issuer and Owner Trustee pursuant to this Agreement. Immediately after the transfersale, each Contract will be secured by an enforceable and perfected first priority security interest in the Motorcycle in favor of the Trust as secured party, which security interest is prior to all other liens upon and security interests in such Motorcycle which now exist or may hereafter arise or be created (except, as to priority, for any lien for taxes, labor, materials or of any state law enforcement agency affecting a Motorcycle).

Valid Security Interest. Each Contract creates a valid, subsisting and enforceable first priority perfected security interest in favor of Seller or Eaglemark Savings Bank (as the case may be) in the Motorcycle covered thereby, and such security interest has been assigned by Eaglemark Savings Bank to Seller (where applicable) and by Seller to the Trust Depositor. The original certificate of title, certificate of lien or other notification or evidence (the “"Lien Certificate”") issued by the body responsible for the registration of, and the issuance of certificates of title or evidence relating to, motor vehicles and liens thereon (the “"Registrar of Titles”") of the applicable state shows to a secured party which indicates the lien of the secured party on the Motorcycle is recorded on the original certificate of title, and original certificate of title for each Motorcycle, show, or if a new or replacement Lien Certificate is being applied for with respect to such Motorcycle the Lien Certificate will be received within 180 days of the Closing Date (or the applicable Subsequent Transfer Date in the case of Subsequent Contracts) and will show, the Seller or Eaglemark Savings Bank (as the case may be) as original secured party under each Contract and as the holder of a first priority security interest in such Motorcycle. With respect to each Contract for which a written the Lien Certificate is provided and has not yet been returned from the Registrar of Titles, the Seller has received written evidence from the related dealer that such Lien Certificate showing the Seller or Eaglemark Savings Bank as lienholder has been applied for. Eaglemark Savings Bank’s security interest has been validly assigned by Eaglemark Savings Bank to , the Seller. The Seller’s 's security interest has been validly assigned by the Seller to the Trust Depositor pursuant to the Transfer and Sale Agreement and by the Trust Depositor to the Issuer and Owner Trustee pursuant to this Agreement. Immediately after the transfersale, each Contract will be secured by an enforceable and perfected first priority security interest in the Motorcycle in favor of the Trust as secured party, which security interest is prior to all other liens upon and security interests in such Motorcycle which now exist or may hereafter arise or be created (except, as to priority, for any lien for taxes, labor, materials or of any state law enforcement agency affecting a Motorcycle).

Valid Security Interest. Each Contract The Contract, together with any related Mortgage, creates a valid, subsisting and enforceable first priority perfected security interest in favor of the Seller or Eaglemark Savings Bank (as in the Manufactured Home covered thereby and, in the case may beof a Land Home Contract, a first mortgage lien on the related Mortgaged Property, subject to (i) the lien of current real property taxes and assessments, (ii) covenants, conditions and restrictions, rights of way, easements and other matters of public record as of the date of recording of such Mortgage, such exceptions appearing of record being acceptable to mortgage lending institutions generally in the Motorcycle covered thereby, area wherein the property subject to the Mortgage is located or specifically reflected in the appraisal obtained in connection with the origination of the related Land Home Contract obtained by the Seller and (iii) other matters to which like properties are commonly subject which do not materially interfere with the benefits of the security intended to be provided by such Mortgage; such security interest or Mortgage has been assigned by Eaglemark Savings Bank to Seller (where applicable) and by Seller to the Trust Depositor. The original certificate of title, certificate of lien or other notification or evidence (the “Lien Certificate”) issued by the body responsible for the registration of, and the issuance of certificates of title or evidence relating to, motor vehicles and liens thereon (the “Registrar of Titles”) of the applicable state shows the Seller or Eaglemark Savings Bank (as the case may be) as original secured party under each Contract and as the holder of a first priority security interest in such Motorcycle. With respect to each Contract for which a written Lien Certificate is provided and has not yet been returned from the Registrar of Titles, the Seller has received written evidence that such Lien Certificate showing the Seller or Eaglemark Savings Bank as lienholder has been applied for. Eaglemark Savings Bank’s security interest has been validly assigned by Eaglemark Savings Bank to Seller. The Seller’s security interest has been validly assigned by the Seller to the Trust Depositor pursuant and, assuming the due authorization, execution and delivery by the Depositor of this Agreement, the Sale and Purchase Agreement and such other instruments relating to the Transfer transfer of the Contract to the Trustee as the Seller has presented to the Depositor for execution and Sale Agreement and delivery, by the Trust Depositor to the Issuer Trustee, and, assuming the Depositor has neither conveyed an interest in the Contract or related Mortgaged Property except pursuant to this Agreement nor created any Lien on the Contract, their proceeds or any Manufactured Home or related Mortgaged Property except as contemplated by this Agreement. Immediately after , the transfer, each Contract will be secured by an enforceable Trustee has a valid and perfected first priority security interest in such Manufactured Home and, in the Motorcycle in favor case of a Land Home Contract, a first mortgage lien on the Trust as secured party, which security interest is prior to all other liens upon and security interests in such Motorcycle which now exist or may hereafter arise or be created (except, as to priority, for any lien for taxes, labor, materials or of any state law enforcement agency affecting a Motorcycle)related Mortgaged Property.

Valid Security Interest. Each Contract (other than the Land-and-Home Contracts) creates a valid, subsisting valid and enforceable perfected first priority perfected security interest in favor of Seller or Eaglemark Savings Bank (as the case may be) Originator in the Motorcycle Manufactured Home covered thereby as security for payment of the Cut-Off Date Principal Balance of such Contract. The Originator has assigned to the Seller and the Seller has assigned all of its right, title and interest in such Contract, including the security interest in the Manufactured Home covered thereby, and such security interest has been assigned by Eaglemark Savings Bank to Seller (where applicable) and by Seller to the Trust DepositorPurchaser. The original certificate of title, certificate of lien or other notification or evidence (the “Lien Certificate”) issued by the body responsible for the registration of, and the issuance of certificates of title or evidence relating to, motor vehicles and liens thereon (the “Registrar of Titles”) of the applicable state shows the Seller or Eaglemark Savings Bank (as the case may be) as original secured party under Purchaser will own each Contract free of any lien and as the holder of has and will have a valid and enforceable first priority security interest in such Motorcycleeach Manufactured Home covered thereby. With respect to each Contract for which a written Lien Certificate is provided Upon execution of the [Indenture] [Pooling and has not yet been returned from the Registrar of TitlesServicing Agreement], the Seller has received written evidence that such Lien Certificate showing the Seller or Eaglemark Savings Bank as lienholder has been applied for. Eaglemark Savings Bank’s security interest has been validly assigned by Eaglemark Savings Bank to Seller. The Seller’s security interest has been validly assigned by the Seller to the Trust Depositor pursuant to the Transfer and Sale Agreement and by the Trust Depositor to the Issuer pursuant to this Agreement. Immediately after the transfer, each Contract [Indenture] Trustee will be secured by an enforceable have a valid and perfected first priority security interest in the Motorcycle related Manufactured Home securing each Contract included in the Trust Estate. Each Mortgage related to a Land-and-Home Contract is a valid first lien in favor of the Trust Seller on real property securing the amount owed by the Obligor under the related Land-and-Home Contract subject only to (i) the lien of current real property taxes and assessments, (ii) covenants, conditions and restrictions, rights of way, easements and other matters of public record as secured partyof the date of recording of such Mortgage, such exceptions appearing of record being acceptable to mortgage lending institutions generally in the area wherein the property subject to the Mortgage is located or specifically reflected in the appraisal obtained in connection with the origination of the related Land-and-Home Contract obtained by the Seller and (iii) other matters to which like properties are commonly subject which do not materially interfere with the benefits of the security intended to be provided by such Mortgage. As of the Closing Date, with respect to each Contract, the Seller will have assigned all of its right, title and interest in such Land-and-Home Contract and related Mortgage, including the security interest is prior in the Manufactured Home covered thereby, to all other liens upon the Purchaser who will assign it to the [Issuer] [Trust], [who will pledge it to the [Indenture] Trustee under the Indenture.] The Purchaser will have a valid and perfected and enforceable first priority security interests in such Motorcycle which now exist or may hereafter arise or be created (exceptinterest each Mortgaged Property related to a Land-and-Home Contract, as subject to priority, for any lien for taxes, labor, materials or of any state law enforcement agency affecting a Motorcycle)the exceptions set forth above.

Valid Security Interest. Each Contract creates a valid, subsisting and enforceable first priority perfected security interest in favor of Seller or Eaglemark Savings Bank (as the case may be) in the Motorcycle covered thereby, and such security interest has been assigned by Eaglemark Savings Bank to Seller (where applicable) and by Seller to the Trust Depositor. The original certificate of title, certificate of lien or other notification or evidence (the “"Lien Certificate”") issued by the body responsible for the registration of, and the issuance of certificates of title or evidence relating to, motor vehicles and liens thereon (the “"Registrar of Titles”") of the applicable state shows the Seller or Eaglemark Savings Bank (as the case may be) as original secured party under each Contract and as the holder of a first priority security interest in such Motorcycle. With respect to each Contract for which a written Lien Certificate is provided and has not yet been returned from the Registrar of Titles, the Seller has received written evidence that such Lien Certificate showing the Seller or Eaglemark Savings Bank as lienholder has been applied for. Eaglemark Savings Bank’s 's security interest has been validly assigned by Eaglemark Savings Bank to Seller. The Seller’s 's security interest has been validly assigned by the Seller to the Trust Depositor pursuant to the Transfer and Sale Agreement and by the Trust Depositor to the Issuer pursuant to this Agreement. Immediately after the transfer, each Contract will be secured by an enforceable and perfected first priority security interest in the Motorcycle in favor of the Trust as secured party, which security interest is prior to all other liens upon and security interests in such Motorcycle which now exist or may hereafter arise or be created (except, as to priority, for any lien for taxes, labor, materials or of any state law enforcement agency affecting a Motorcycle).