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ALBA 2007 – 1 plc - Irish Stock Exchange

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and the right of the relevant Borrowers to redeem their Mortgages by repaying the relevant Mortgage<br />

Loan directly to the Seller. These rights may result in the Issuer receiving less monies than anticipated<br />

from the Mortgage Loans.<br />

Until the Issuer obtains legal title to the Mortgage Loans, the sale of the Mortgage Loans will take<br />

effect in equity only. In order for legal title to be transferred to the Issuer, transfers and assignments<br />

would have to be registered or recorded at the Land Registry and notice would have to be given to<br />

Borrowers of the transfer.<br />

General Regulatory Considerations<br />

A general description of the current regulatory environment affecting the UK residential mortgage<br />

market is set out herein under "Regulation of the UK Residential Mortgage Market".<br />

No assurance can be given that any relevant regulatory authority will not in the future take action or<br />

that future adverse regulatory developments will not arise with regard to the mortgage market in the<br />

UK generally, the Seller's particular sector in that market or specifically in relation to the Seller. Any<br />

such action or developments may have a material adverse effect on the Mortgage Loans, the Seller, the<br />

Issuer, the Special Servicer or the Servicer and their respective businesses and operations. In<br />

particular, the cost of compliance with any such regulation, action or requirement may adversely affect<br />

the ability of the Issuer to meet its financial obligations under the Transaction Documents.<br />

Office of Fair Trading and Financial Services Authority<br />

The Office of Fair Trading (the "OFT") is responsible for the issue of licences under the Consumer<br />

Credit Act 1974 (the "CCA") and the related Consumer Credit Regulations promulgated thereunder.<br />

The OFT may review businesses and operations, provide guidelines to follow and take actions when<br />

necessary with regard to the mortgage market in the United Kingdom.<br />

In February 2000, the OFT issued a guidance note (the "Guidance Note") on what the OFT considers<br />

to be "fair" or "unfair" within the Unfair Terms in Consumer Contracts Regulations 1999 (the "1999<br />

Regulations") (see further below) for interest variation terms. The Guidance Note comments on a term<br />

linking an interest rate to an external rate outside the lender's control. It provides that, generally, the<br />

OFT and Consumers' Association will not regard such term as unfair if the lender explains at the outset<br />

how the mortgage interest rate is linked to the external rate and, if the link does not provide for precise<br />

and immediate tracking, the maximum margin of difference, and the time limits within which changes<br />

will be made. It should be noted that the Guidance Note is not legally binding, has been withdrawn<br />

from the OFT website and is currently under review by the OFT and the FSA. Nevertheless it may<br />

remain in effect as the OFT's view and a factor that the FSA may take into account.<br />

A portion of the Mortgage Loans in the Preliminary Completion Mortgage Pool are Bank of England<br />

Repo Rate-Linked Mortgage Loans where the applicable Mortgage Rate is calculated by reference to<br />

the Bank of England repo rate plus a fixed margin expressed as a percentage above the Bank of England<br />

repo rate currently or after the expiry of a period. The other portion of the Mortgage Loans in the<br />

Preliminary Completion Mortgage Pool are LIBOR -Linked Mortgage Loans where the applicable<br />

Mortgage Rate is calculated by reference to LIBOR plus a fixed margin expressed as a percentage<br />

above LIBOR currently or after the expiry of a period. In relation to such Bank of England Repo Rate-<br />

Linked Mortgage Loans and LIBOR-Linked Mortgage Loans, the Special Servicer (as agent for the<br />

mortgagee) will act as a reasonably prudent residential mortgage lender in setting the rate. The Special<br />

Servicer believes that the Mortgage Rate under the Bank of England Repo Rate-Linked Mortgage Loans<br />

and LIBOR-Linked Mortgage Loans will also be fair in accordance with the Guidance Note.

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