purchase and assumption agreement whole bank all deposits - FDIC
purchase and assumption agreement whole bank all deposits - FDIC
purchase and assumption agreement whole bank all deposits - FDIC
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EXHIBIT 4.13<br />
INTERIM ASSET SERVICING ARRANGEMENT<br />
(a) With respect to each asset (or liability) designated from time to time by the<br />
Receiver to be serviced by the Assuming Bank pursuant to this Arrangement (such being<br />
designated as "Pool Assets"), during the term ofthis Arrangement, the Assuming Bank sh<strong>all</strong>:<br />
(i) Promptly apply payments received with respect to any Pool Assets;<br />
(ii) Reverse <strong>and</strong> return insufficient funds checks;<br />
(iii) Pay (A) participation payments to participants in Loans, as <strong>and</strong> when<br />
received; <strong>and</strong> (B) tax <strong>and</strong> insurance bills on Pool Assets as they come due, out ofescrow funds<br />
maintained for purposes;<br />
(iv) Maintain accurate records reflecting (A) the payment history ofPool Assets,<br />
with updated information received concerning changes in the address or identity ofthe obligors<br />
<strong>and</strong> (B) usage ofdata processing equipment <strong>and</strong> employee services with respect to servicing<br />
duties;<br />
(v) Send billing statements to obligors on Pool Assets to the extent that such<br />
statements were sent by the Failed Bank;<br />
(vi) Send notices to obligors who are in default on Loans (in the same manner as<br />
the Failed Bank);<br />
(vii) Send to the Receiver, Attn: Managing Liquidator, at the address provided in<br />
Section 13.7 ofthe Agreement, overnight delivery: (A)on a weekly basis, weekly reports for<br />
the Pool Assets, including, without limitation, reports reflecting collections <strong>and</strong> the trial<br />
balances, transaction journals <strong>and</strong> loan histories for Pool Assets having activity, together with<br />
copies of(1) checks received, (2) insufficient funds checks returned, (3) checks for payment to<br />
participants or for taxes <strong>and</strong> insurance, (4) pay-off requests, (5) notices to defaulted obligors, <strong>and</strong><br />
(6) data processing <strong>and</strong> employee logs <strong>and</strong> (B) any other reports, copies or information as may<br />
be periodic<strong>all</strong>y or from time to time requested;<br />
(viii) Remit on a weekly basis to the Receiver, Attn: Division ofFinance, Cashier<br />
Unit, Operations, at the address in (vii), via wire transfer to the account designated by the<br />
Receiver, <strong>all</strong> payments received on Pool Assets managed by the Assuming Bank or at such time<br />
<strong>and</strong> place <strong>and</strong> in such manner as may be directed by the Receiver;<br />
(ix) prepare <strong>and</strong> timely file <strong>all</strong> information reports with appropriate tax<br />
authorities, <strong>and</strong>, ifrequired by the Receiver, prepare <strong>and</strong> file tax returns <strong>and</strong> pay taxes due on or<br />
before the due date, relating to the Pool Assets; <strong>and</strong><br />
(x) provide <strong>and</strong> furnish such other services, operations or functions as may be<br />
required with regard to Pool Assets, including, without limitation, as may be required with<br />
Whole Bank P&A w/Loss Sharing Alliance Bank<br />
46<br />
February 6, 2009 Culver City, CA