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

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omission which would or may invalidate any such insurance or guaranty, and the insuranceor guaranty is, or when issued, will be, in full force and effect with respect to each <strong>Mortgage</strong>Loan. There are no defenses, counterclaims, or rights of setoff affecting the <strong>Mortgage</strong> Loansor affecting the validity or enforceability of any private mortgage insurance or FHA insuranceapplicable to the <strong>Mortgage</strong> Loans or any VA guaranty with respect to the <strong>Mortgage</strong> Loans.(xx) Tax Service. The <strong>Mortgage</strong> Loan is covered by a life of loan,transferrable real estate tax service contract that may be assigned to <strong>SWMC</strong>.(yy) Predatory Lending Regulations; High Cost Loans. No <strong>Mortgage</strong> Loan isa “high cost” or “covered” loan, as defined by any applicable federal, state or local predatoryor abusive lending law (and no <strong>Mortgage</strong> Loan has a percentage listed under the IndicativeLoss Severity Column (the column that appears in the Standard & Poor’s Anti-PredatoryLending Law Update Table, included in the then-current Standard & Poor’s LEVELS®Glossary of Terms on Appendix E)). Any breach of this representation shall be deemed tomaterially and adversely affect the value of the <strong>Mortgage</strong> Loan and shall require arepurchase of the affected <strong>Mortgage</strong> Loan. No <strong>Mortgage</strong> Loan secured by property locatedin the State of Georgia was originated on or after October 1, 2002 and prior to March 7,2003. No <strong>Mortgage</strong> Loan originated on or after March 7, 2003 is a “high cost home loan” asdefined under the Georgia Fair Lending Act. No borrower was encouraged or required toselect a loan product offered by an originator that was a higher cost product designed forless-creditworthy borrowers, unless at the time of the <strong>Mortgage</strong> Loan’s origination, suchborrower did not qualify, taking into account credit history and debt-to-in<strong>com</strong>e ratios, for alower cost credit product then offered by such originator or any affiliate of such originator.(zz) Credit Score and Reporting. As of the Purchase Date, the borrower’scredit score as listed on the mortgage loan schedule is no more than ninety (90) days old.Full, <strong>com</strong>plete and accurate information with respect to the borrower’s credit file wasfurnished to Equifax, Experian and Trans Union Credit Information in accordance with theFair Credit Reporting Act and its implementing regulations.(aaa) FHA <strong>Mortgage</strong> Insurance; VA Loan Guaranty. With respect to the FHALoans, the FHA <strong>Mortgage</strong> Insurance Contract is or eligible to be in full force and effect andthere exists no impairment to full recovery without indemnity to the Department of Housingand Urban Development or the FHA under FHA <strong>Mortgage</strong> Insurance. With respect to the VALoans, the VA Loan Guaranty Agreement is in full force and effect to the maximum extentstated therein. All necessary steps have been taken to keep such guaranty or insurancevalid, binding and enforceable and each of such is the binding, valid and enforceableobligation of the FHA and the VA, respectively, to the full extent thereof, without surcharge,set-off or defense. Each FHA Loan and VA Loan was originated in accordance with thecriteria of an “Agency” for purchase of such <strong>Mortgage</strong> Loans.(bbb) None of the <strong>Mortgage</strong> Loans are subject to the Home Ownership andEquity Protection Act of 1994 or any <strong>com</strong>parable state or local law.(ccc) Qualified <strong>Mortgage</strong>. With respect to each <strong>Mortgage</strong> Loan where theborrower’s loan application for the <strong>Mortgage</strong> Loan was taken on or after January 10, 2014,such <strong>Mortgage</strong> Loan (i) is a Qualified <strong>Mortgage</strong> and (ii) <strong>com</strong>plies with the Ability To RepayStandards, and all necessary evidence to demonstrate such <strong>com</strong>pliance with 12 C.F.R. Part1026.43(e) and 12 C.F.R. Part 1026.43(c) is included in the mortgage file and <strong>Mortgage</strong>Loan Documentation. Any breach of this representation shall be deemed to materially andadversely affect the value of the <strong>Mortgage</strong> Loan and shall require a repurchase of theaffected <strong>Mortgage</strong> Loan.Initials:________ BC App Ver. 7.7 10/06/2014 Page 30

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