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ALBA 2007 – 1 plc - Irish Stock Exchange

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(k)<br />

(l)<br />

(m)<br />

(n)<br />

the total balance of all Mortgage Loans in the Mortgage Pool which are (i) more than 90 days in<br />

arrears and (ii) in repossession does not together exceed 20 per cent. of the total balance of the<br />

Mortgage Loans in the Mortgage Pool as at the previous Calculation Date, provided that the<br />

then current ratings of the Notes, would not be adversely affected by such change;<br />

following the conversion of a Mortgage Loan, the weighted average LTV of the Mortgage<br />

Loans in the Mortgage Pool would not exceed the weighted average LTV of the Mortgage<br />

Loans in the Mortgage Pool on the immediately preceding Calculation Date by more than 1 per<br />

cent;<br />

if the conversion of a Mortgage Loan relates to a change of the payment terms from repayment<br />

to interest only, the Borrower has not been in the 3 months prior to the conversion in arrears on<br />

payments due under the existing Mortgage Loan; and<br />

there is no debit balance on any Principal Deficiency Ledger.<br />

Ported Mortgage Loans<br />

The Seller may make advances to Borrowers in relation to the Ported Mortgage Loans (the "Ported<br />

Mortgage Loan Advances") and the Issuer may fund the Ported Mortgage Loan Advances (thereby<br />

acquiring the beneficial title of such Ported Mortgage Loans). Prior to the funding and purchase of<br />

such Ported Mortgage Loans, the Special Servicer (on behalf of the Issuer), acting as a prudent<br />

residential mortgage lender and in accordance with the Oakwood Lending Criteria, the relevant<br />

Mortgage Conditions and the conditions set out below, may agree to any request by the Seller to the<br />

making of a Ported Mortgage Loan to a Borrower. Further, it will waive or refund any Ported<br />

Mortgage Early Repayment Charge incurred by a Borrower in connection with the making of such<br />

Ported Mortgage Loan in accordance with the Mortgage Conditions.<br />

If the Special Servicer agrees to the Issuer funding and acquiring a Ported Mortgage Loan, it shall<br />

promptly notify the Issuer, the Cash Manager and the Master Servicer. The Cash Manager will then<br />

credit any Principal Funds in respect of the initial Mortgage Loan to which a Ported Mortgage Loan<br />

relates (as identified by the Special Servicer) to the Ported Mortgage Loan Ledger. In addition, any<br />

Ported Mortgage Early Repayment Charges shall also be credited by the Cash Manager to the Ported<br />

Mortgage Loan Ledger pending payment to the relevant Borrower.<br />

The Special Servicer will provide certain details to the Cash Manager and the Master Servicer<br />

including, the identity of the Mortgage Loan which will be redeemed, the redemption date thereof, the<br />

amount of any Ported Mortgage Early Repayment Charge in connection therewith, whether the Ported<br />

Mortgage Early Repayment Charge will be waived or refunded (and, if so, as to the relevant amount<br />

and whether in whole or in part) and, if refunded, the date of such refund (as and when it is known),<br />

any decision by the Special Servicer not to make a Ported Mortgage Loan and/or not to refund a Ported<br />

Mortgage Early Repayment Charge, whether there are sufficient amounts standing to the credit of the<br />

Ported Mortgage Loan Ledger to make such advance (and the amount of any shortfall).<br />

Prior to the making of such Ported Mortgage Loan Advances, the Special Servicer (on behalf of the<br />

Issuer) will apply the Oakwood Lending Criteria and ensure the satisfaction of, inter alia, the following<br />

conditions:<br />

(a)<br />

immediately prior to the making of any Ported Mortgage Loan Advance, the relevant Borrower<br />

is not in material breach of any of the conditions of the relevant Borrower's existing Mortgage<br />

Loan;

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