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CONGRATULATIONS! - SWMC.com - Sun West Mortgage Company ...

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<strong>Mortgage</strong> Loan note. On a reverse <strong>Mortgage</strong> Loan, an EPD occurs when any groundfor acceleration of the debt occurs within the first six (6) months after Funding.h. Early Loan Pre-Payment. An early loan pre-payment (“Early Pre-Payment”) occurs.An Early Pre-Payment occurs when (i) a <strong>Mortgage</strong> Loan is paid off in full within thefirst six (6) months following loan closing or Funding, whichever is later; or (ii) whereB/C refinances the loan through a lender other than <strong>SWMC</strong> within six (6) months ofloan closing or Funding, whichever is later. Notwithstanding the foregoing, B/C isprohibited from directly or indirectly soliciting for a potential refinance any borroweron a <strong>Mortgage</strong> Loan that B/C sold to <strong>SWMC</strong> or causing any such borrower on a<strong>Mortgage</strong> Loan that B/C sold to <strong>SWMC</strong> to be solicited by a third party for a potentialrefinance.i. Borrower/Applicant Claims. An applicant or borrower on any <strong>Mortgage</strong> Loan: (i)makes a claim to <strong>SWMC</strong> relating to any misrepresentation, misconduct or negligenceby B/C when the borrower was solicited or the <strong>Mortgage</strong> Loan was originated; and/or(ii) <strong>SWMC</strong> is named in any litigation relating to B/C’s or any guarantor’smisrepresentations, negligence or misconduct, or when a <strong>Mortgage</strong> Loan wasoriginated.6. REMEDIESa. Upon the occurrence of an Event of Default, <strong>SWMC</strong> may elect, at its sole discretion,any one or more of the following remedies:I. Cure. B/C may be required to cure the error.II.III.Repurchase. B/C agrees to repurchase the <strong>Mortgage</strong> Loan (or the mortgagedproperty, if title thereto is held by <strong>SWMC</strong>) at a price equal to the sum of (i)the then outstanding principal balance of the <strong>Mortgage</strong> Loan to berepurchased, plus (ii) accrued interest thereon at the mortgage interest ratefrom the date to which interest had last been paid through the date of suchrepurchase, plus (iii) the amount of any outstanding advances owed to anyservicer, plus (iv) <strong>SWMC</strong>’s reasonable and customary out-of-pocket expensesincurred by <strong>SWMC</strong> in transferring such <strong>Mortgage</strong> Loan, including, withoutlimitation, expenses incurred for maintenance and repairs, assessments, taxesand similar items, to the extent not paid out of an escrow account transferredby B/C to <strong>SWMC</strong>, plus (v) all lost profits suffered by <strong>SWMC</strong> in connection withthe <strong>Mortgage</strong> Loan repurchased, plus (vi) all costs and expenses incurred inthe enforcement of the Seller’s repurchase obligation hereunder and plus (vii)$2,000 as reimbursement for <strong>SWMC</strong>’s administrative expenses relating tosuch <strong>Mortgage</strong> Loan. All repurchases shall be <strong>com</strong>pleted within twenty (20)days following receipt of written notice from <strong>SWMC</strong> to repurchase.Indemnification. B/C agrees to indemnify and defend and hold <strong>SWMC</strong>, and itsofficers, directors, employees, employees, agents, shareholders,representatives, successors, assigns, agents and affiliates (collectively, the“Indemnitees”), harmless from and against, and shall reimburse theIndemnitees with respect to, any and all losses, damages, demands, claims,liabilities, costs and expenses, including reasonable attorneys’ fees, whetheror not a lawsuit is filed (collectively, “Losses”), of any nature or causewhatsoever, incurred by reason of or arising out of or in connection with: (A)an Event of Default; (B) an investigation undertaken by <strong>SWMC</strong> with respect toany document included as part of a Loan Application package or <strong>Mortgage</strong>Loan; (C) a claim by an applicant or borrower resulting from <strong>SWMC</strong>’s failureor refusal to Fund a <strong>Mortgage</strong> Loan; (D) a claim by an applicant or borrowerarising out of B/C’s charging fees in excess of those allowed by ApplicableLaw, Fannie Mae (if applicable), Freddie Mac (if applicable) or an Investor; orInitials:________ BC App Ver. 7.7 10/06/2014 Page 14

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