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Correspondent Seller Eligibility & Documentation Requirements

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SECTION 27. TRANSFER OF SERVICING RIGHTS AND PMI. <strong>Seller</strong> shall use all<br />

efforts to assist Buyer in the transfer from <strong>Seller</strong> to Buyer of servicing rights for each Loan,<br />

including assisting Buyer with any notices to private mortgage insurance companies.<br />

SECTION 28. DELIVERY OF MORTGAGE DOCUMENT. With respect to each Loan,<br />

the <strong>Seller</strong> shall cause by no later than ninety (90) days after the Settlement Date, the original<br />

recorded Mortgage and, if applicable, the prior assignment of mortgage to be delivered to Buyer<br />

if they have not yet been returned from the County Records Office. The <strong>Seller</strong> shall pay the out<br />

of-pocket costs incurred in connection with such acts.<br />

SECTION 29. LOCATION OF MORTGAGED PROPERTY. The loans to be purchased<br />

pursuant to the terms of this Agreement shall be secured by real property located in all states of<br />

the United States and the District of Columbia, except as otherwise disclosed in the Sale<br />

Guidelines except Buyer reserves the right, on a loan by loan basis to elect to purchase loans<br />

secured by property in those excepted states at its sole discretion.<br />

SECTION 30. LENDER’S OBLIGATIONS. <strong>Seller</strong> shall, upon reasonable notice from<br />

Buyer, provide Buyer with access to <strong>Seller</strong>’s operations, records, and documentation to<br />

determine <strong>Seller</strong>’s compliance and monitoring with representations, warranties and covenants<br />

made by <strong>Seller</strong> herein or submitted with the <strong>Correspondent</strong> Approval Package, including but not<br />

limited to the Quality Control Policy, Wholesale approval process, and Wholesale monitoring<br />

and evaluation process. The parties shall agree on a mutually convenient date for each such<br />

audit within fifteen (15) days of <strong>Seller</strong>’s receipt of an audit notice. The audit will be conducted<br />

within 45 days of receipt of audit notice. If the parties are unable to do so, then Buyer may, in its<br />

sole discretion, suspend the purchase of loans until the parties reach agreement on the audit date.<br />

Annually, <strong>Seller</strong> shall, within forty-five (45) days after receipt, furnish Buyer with a copy of its<br />

state broker license (or equivalent, if applicable) for each state in which business is or will be<br />

conducted with Buyer.<br />

SECTION 31. SURVIVAL OF REPRESENTATIONS, WARRANTIES AND<br />

INDEMNIFICATIONS. All representations, warranties and indemnifications under this<br />

Agreement shall survive the termination of this Agreement and shall be deemed given and shall<br />

not be diminished by any or all underwriting or processing of information, data or documents or<br />

the omission to underwrite or process said information, data or document supplied to Buyer<br />

under this Agreement.<br />

SECTION 32. CONSTRUCTION. This Agreement shall not be construed more strictly<br />

against Buyer merely by virtue of the fact that the same has been prepared by Buyer or its<br />

counsel, it being recognized that <strong>Seller</strong> has had the opportunity to consult with counsel<br />

concerning same. <strong>Seller</strong> acknowledges and waives any claim contesting the existence and the<br />

adequacy of the consideration given by Buyer in entering into this Agreement.<br />

[signature page to follow]<br />

USBCF <strong>Correspondent</strong> Flow Agreement (Rev. 031408-01) 20 of 20

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