Correspondent Seller Eligibility & Documentation Requirements
Correspondent Seller Eligibility & Documentation Requirements
Correspondent Seller Eligibility & Documentation Requirements
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CORRESPONDENT FLOW AGREEMENT<br />
THIS CORRESPONDENT FLOW AGREEMENT (the “Agreement”) is made this<br />
____day of __________200__between U.S. Bank National Association, a national banking<br />
association with offices located at 205 West Fourth Street, Cincinnati, OH 45202, on behalf of<br />
itself and its applicable affiliates (collectively "Buyer"), and ___________________,<br />
a_______________ with its principal place of business located at<br />
____________________________________________________________ (the “<strong>Seller</strong>”).<br />
RECITALS:<br />
A. <strong>Seller</strong> is engaged in the business of making and originating fixed and adjustable rate,<br />
closed-end single family residential mortgage loans to individual Obligors (the<br />
“Obligors”) (which loans, together with all documents evidencing, securing or in any<br />
way related to the origination and closing of such loans, are hereinafter referred to as<br />
the “Loans”). <strong>Seller</strong> has proposed to offer to sell such Loans to Buyer from time to<br />
time subject to Buyer’s review and acceptance of all or any one of such Loans.<br />
B. The Loans are evidenced by promissory notes (the “Notes”) and secured by deeds of<br />
trust, mortgages or other security instruments (the “Mortgages”) covering improved<br />
real estate (the “Mortgaged Property”).<br />
C. <strong>Seller</strong> wishes to originate certain Loans for Buyer to purchase in accordance with the<br />
provisions of this Agreement.<br />
NOW, THEREFORE, in consideration of the mutual promises, covenants and<br />
undertakings hereinafter provided, <strong>Seller</strong> and Buyer agree as follows:<br />
SECTION 1. PURCHASE AND SALE OF LOANS. <strong>Seller</strong> shall sell to Buyer on a<br />
nonexclusive basis, and Buyer shall purchase from <strong>Seller</strong>, Loans originated by <strong>Seller</strong> pursuant to<br />
the terms of this Agreement and the policy guidelines provided to <strong>Seller</strong> from time to time Sale<br />
Guidelines (collectively referred to in this Agreement as “Sale Guidelines”). This Agreement<br />
and the Sale Guidelines; however, in the event of a discrepancy between the provisions of this<br />
Agreement and the Sale Guidelines, the provisions of this Agreement shall control. <strong>Seller</strong> may<br />
offer to sell a Loan, or Loans, to Buyer from time to time by submitting to Buyer a loan list or<br />
spreadsheet. Neither party shall be obligated to sell or purchase (as the case may be) any Loans,<br />
unless and until both parties have approved the sale and purchase of any particular Loan(s).<br />
Notwithstanding the foregoing, <strong>Seller</strong> shall be obligated to deliver any Loan to Buyer on a<br />
mandatory basis that <strong>Seller</strong> registers with Buyer in accordance with the Sale Guidelines, as long<br />
as: (i) <strong>Seller</strong> actually closes the Loan or causes the Loan to be closed with a third party; and (ii)<br />
Buyer has not rejected such Loan for purchase.<br />
SECTION 2. THE SALE GUIDELINES. <strong>Seller</strong> agrees to comply with all terms,<br />
procedures and provisions of the Sale Guidelines. The Sale Guidelines sets forth Buyer’s<br />
requirements with respect to the purchase of each Loan by Buyer.<br />
USBCF <strong>Correspondent</strong> Flow Agreement (Rev. 031408-01) 1 of 1