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Document Preview Mortgage Loan Purchase Agreement |
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Title: |
Mortgage Loan Purchase Agreement |
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Entities: |
Freddie Mac; Peoples Choice Home Loan Securities Corp; Federal National Mortgage Association |
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Date: |
2006 |
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Size: |
Preview shows 22KB of 55KB total |
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Price: |
$36 |
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ID: |
#2397033 |
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PEOPLES CHOICE HOME LOAN SECURITIES CORP.,
as Purchaser,
and
PEOPLES CHOICE FUNDING, INC.,
as Seller
MORTGAGE LOAN PURCHASE AGREEMENT
Dated as of [ ]
FIXED AND ADJUSTABLE RATE MORTGAGE LOANS
TABLE OF CONTENTS
| Page | ||||
| ARTICLE I | ||||
| DEFINITIONS | ||||
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Section 1.1 |
Definitions | 1 | ||
| ARTICLE II | ||||
| SALE OF MORTGAGE LOANS AND RELATED PROVISIONS | ||||
|
Section 2.1 |
Sale of Mortgage Loans | 2 | ||
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Section 2.2 |
Payment of Purchase Price for the Mortgage Loans | 5 | ||
| ARTICLE III | ||||
| REPRESENTATIONS AND WARRANTIES; REMEDIES FOR BREACH | ||||
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Section 3.1 |
Representations and Warranties of the Seller | 5 | ||
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Section 3.2 |
The Purchasers Representations and Warranties | 13 | ||
| ARTICLE IV | ||||
| SELLERS COVENANTS | ||||
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Section 4.1 |
Covenants of the Seller | 14 | ||
| ARTICLE V | ||||
| LIMITATION ON LIABILITY OF THE SELLER | ||||
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Section 5.1 |
Limitation on Liability of the Seller | 15 | ||
| ARTICLE VI | ||||
| TERMINATION | ||||
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Section 6.1 |
Termination | 15 | ||
| ARTICLE VII | ||||
| MISCELLANEOUS PROVISIONS | ||||
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Section 7.1 |
Amendment | 15 | ||
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Section 7.2 |
Governing Law | 15 | ||
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Section 7.3 |
Notices | 16 | ||
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Section 7.4 |
Severability of Provisions | 16 | ||
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Section 7.5 |
Relationship of Parties | 16 | ||
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Section 7.6 |
Counterparts | 16 | ||
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Section 7.7 |
Survival | 16 | ||
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Section 7.8 |
Further Agreements | 17 | ||
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Section 7.9 |
Intention of the Parties | 17 | ||
Table of Contents
(continued)
| Page | ||||
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Section 7.10 |
Successors and Assigns: Assignment of Purchase Agreement. | 17 | ||
| EXHIBITS | ||||
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Exhibit I - Mortgage Loan Schedule |
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ii
This MORTGAGE LOAN PURCHASE AGREEMENT (this Agreement), dated as of [ ] (the Cut-off Date), is made among Peoples Choice Funding, Inc. (the Seller) and Peoples Choice Home Loan Securities Corp. (the Purchaser).
WHEREAS, the Seller owns the Mortgage Loans indicated on the Mortgage Loan Schedule attached as Exhibit I hereto (the Mortgage Loans), including rights to (a) any property acquired by foreclosure or deed in lieu of foreclosure or otherwise, and (b) the proceeds of any insurance policies covering the Mortgage Loans;
WHEREAS, the parties hereto desire that the Seller sell the Mortgage Loans to the Purchaser (other than the servicing rights with respect thereto) and that the Seller make certain representations and warranties and undertake certain obligations with respect to the Mortgage Loans;
WHEREAS, pursuant to the terms of an Amended and Restated Trust Agreement, dated as of [ ] (the Trust Agreement), among the Purchaser, as depositor, [ ], as owner trustee (the Owner Trustee), and [ ], as securities administrator (in such capacity, the Securities Administrator), certificate registrar and certificate paying agent, the Purchaser will convey the Mortgage Loans to the Issuer (as defined below);
WHEREAS, pursuant to the terms of a Sale and Servicing Agreement, dated as of [ ] (the Sale and Servicing Agreement), among the Purchaser, [ ], as master servicer (in such capacity, the Master Servicer) and as Securities Administrator, Peoples Financial Realty Mortgage Securities Series [ ], a Delaware statutory trust (the Issuer), [ ], as indenture trustee (the Indenture Trustee), the Seller, [ ], as servicer (the Servicer), and Peoples Choice Home Loan, Inc., as subservicer (the Subservicer); and
WHEREAS, pursuant to the terms of an Indenture, dated as of [ ] (the Indenture), among the Issuer, the Indenture Trustee and the Securities Administrator, the Issuer will pledge the Mortgage Loans and issue and transfer to the Purchaser the Peoples Choice Home Loan Trust Series [ ], Mortgage-Backed Notes, Series [ ], Class [ ], Class [ ], Class [ ], Class [ ], Class [ ], Class [ ], Class [ ], Class [ ], Class [ ], Class [ ], Class [ ], Class [ ], Class [ ], Class [ ] and Class [ ] Notes (collectively, the Notes), representing debt of the Issuer;
NOW, THEREFORE, inconsideration of the mutual covenants herein contained, the parties hereto agree as follows:
ARTICLE I
DEFINITIONS
Section 1.1 Definitions.
For all purposes of this Agreement, except as otherwise expressly provided herein or unless the context otherwise requires, capitalized terms not otherwise defined herein shall have the meanings assigned to such terms in Appendix A attached to the Indenture. All other capitalized terms used herein shall have the meanings specified herein.
ARTICLE II
SALE OF MORTGAGE LOANS AND RELATED PROVISIONS
Section 2.1 Sale of Mortgage Loans.
(a) The Seller, by the execution and delivery of this Agreement, does hereby sell, assign, set over and otherwise convey to the Purchaser, without recourse but subject to the terms of this Agreement, (i) all of its right, title and interest in the Mortgage Loans, as of the Closing Date, including the related Cut-off Date Principal Balance, all interest accruing thereon on and after the Cut-off Date, and all collections of interest and principal due after the Cut-off Date, other than the servicing rights with respect thereto, (ii) the Sellers interest in any insurance policies and (iii) all proceeds of the foregoing.
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