ALBA 2007 â 1 plc - Irish Stock Exchange
ALBA 2007 â 1 plc - Irish Stock Exchange
ALBA 2007 â 1 plc - Irish Stock Exchange
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1. Lending Criteria<br />
Subject to GMAC-RFC taking reasonable steps to verify it was the case, each Mortgage Loan<br />
satisfied, or satisfied in all material respects, the relevant Lending Criteria and where discretion<br />
is permitted or referred to therein, such discretion was exercised by an underwriter of GMAC-<br />
RFC in accordance with the policies of GMAC-RFC.<br />
2. Standard Documentation<br />
Each Mortgage Loan and its Related Security has been made in accordance with the standard<br />
documentation. The relevant product specifications have been included within the terms of each<br />
Mortgage Loan and there are no product specifications applicable to the Mortgage Pool other<br />
than the product specifications. Where special conditions have been used, they are either the<br />
special conditions appropriate for the product specification or are not related to a particular<br />
product specification but are such as would be required for a prudent mortgage lender in the<br />
circumstances of the particular Mortgage Loan.<br />
3. The Seller's Title<br />
The Seller is the absolute legal and beneficial owner of the Mortgage Loans, their Related<br />
Security and the other property to be sold and/or assigned to the Issuer under the Mortgage Sale<br />
Agreement free from all security interests.<br />
4. General<br />
(a)<br />
(b)<br />
(c)<br />
(d)<br />
(e)<br />
(f)<br />
(g)<br />
(h)<br />
(i)<br />
The terms of each Mortgage Loan and its Related Security constitutes a valid and<br />
binding obligation of each Borrower in respect of such Mortgage Loan enforceable in<br />
accordance with its terms save where such enforceability may be limited in certain<br />
circumstances.<br />
No lien or right of set-off or compensation has been created or arisen or now exists<br />
between the Seller and any Borrower in relation to the Mortgage Loans which would<br />
entitle such Borrower to reduce the amount of any payment otherwise due under the<br />
Mortgage Loan.<br />
The Seller has not received written notice of any litigation or claim (including, without<br />
limitation, forfeiture proceedings) relating to any Mortgage Loan or Related Security.<br />
The Seller has complied with the applicable provisions of MCOB.<br />
Each Property is situated in England or Wales.<br />
No Borrower is an employee of the Seller.<br />
No Mortgage Loan has a final maturity beyond the date falling two years prior to the<br />
Final Payment Date of the Notes.<br />
Each Title Insurance Policy is in full force and effect and all premiums thereon due on<br />
or before the completion date of the sale and purchase of the Mortgage Loans have<br />
been paid in full.<br />
The Seller has not knowingly waived or acquiesced in any breach of any of its rights<br />
in respect of a Mortgage Loan or Related Security.