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Mortgage Loan Purchase Agreement

 

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Title:

Mortgage Loan Purchase Agreement

Entities:

Abfc 2006-Opt1 Trust; Wells Fargo Bank, NA; Federal National Mortgage Association; Bank of America, NA

Date:

2006

Size:

Preview shows 6KB of 48KB total

Price:

$48

ID:

#2447465

 

 

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Start of Preview


                        ASSET BACKED FUNDING CORPORATION


as Purchaser

and

BANK OF AMERICA, NATIONAL ASSOCIATION

as Seller

MORTGAGE LOAN PURCHASE AGREEMENT

Fixed Rate and Adjustable Rate Mortgage Loans

Asset Backed Funding Corporation Asset-Backed Certificates, Series 2006-OPT1

Dated as of July 1, 2006

================================================================================

{PAGE}

TABLE OF CONTENTS

Page

ARTICLE I
DEFINITIONS

Section 1.01 Definitions .....................................................2

ARTICLE II
SALE OF MORTGAGE LOANS; PAYMENT OF PURCHASE PRICE

Section 2.01 Sale of Mortgage Loans...........................................2
Section 2.02 Obligations of Seller Upon Sale..................................2
Section 2.03 Payment of Purchase Price for the Mortgage Loans.................4

ARTICLE III
REPRESENTATIONS AND WARRANTIES; REMEDIES FOR BREACH

Section 3.01 Seller Representations and Warranties Relating to the
Mortgage Loans...................................................4
Section 3.02 Seller Representations and Warranties............................9

ARTICLE IV
SELLER'S COVENANTS

Section 4.01 Covenants of the Seller.........................................10

ARTICLE V
TERMINATION

Section 5.01 Termination.....................................................11

ARTICLE VI
MISCELLANEOUS PROVISIONS

Section 6.01 Amendment.......................................................11
Section 6.02 Governing Law...................................................11
Section 6.03 Notices.........................................................11
Section 6.04 Severability of Provisions......................................12
Section 6.05 Counterparts....................................................12
Section 6.06 Further Agreements..............................................12
Section 6.07 Intention of the Parties........................................12
Section 6.08 Successors and Assigns; Assignment of this Agreement............12
Section 6.09 Survival........................................................13

Schedule I..- Mortgage Loan Schedule

{PAGE}

MORTGAGE LOAN PURCHASE AGREEMENT, dated as of July 1, 2006 (the
"Agreement"), between BANK OF AMERICA, NATIONAL ASSOCIATION ("Bank of America"
or the "Seller") and ASSET BACKED FUNDING CORPORATION (the "Purchaser").

W I T N E S S E T H:

WHEREAS, pursuant to (i) the Flow Sale and Servicing Agreement (the
"Option One Sale Agreement"), dated as of July 28, 2006, by and among Bank of
America, as the purchaser, Option One Mortgage Corporation, as company and
seller ("Option One"), and Option One Owner Trust 2001-1A, Option One Owner
Trust 2001-1B, Option One Owner Trust 2001-2, Option One Owner Trust 2002-3,
Option One Owner Trust 2003-4, Option One Owner Trust 2003-5, Option One Owner
Trust 2005-6, Option One Owner Trust 2005-7, Option One Owner Trust 2005-8 and
Option One Owner Trust 2005-9 (collectively, the "Option One Owner Trusts"), as
sellers, and the related Memorandum of Sale, dated as of July 28, 2006, between
Bank of America, Option One and the Option One Owner Trusts, and (ii) the
Mortgage Loan Purchase and Warranties Agreement (the "Ownit Sale Agreement" and
together with the Option One Sale Agreement, the "Underlying Sale Agreements"),
dated as of March 1, 2005, by and between Bank of America, as purchaser, and
Ownit Mortgage Solutions, Inc. ("Ownit Mortgage"), as seller, and the related
Memorandum of Sale, dated as of March 17, 2005, as amended by the Assignment,
Assumption and Recognition Agreement (the "Ownit AAR"), dated August 10, 2006,
among the Purchaser, Bank of America, Wells Fargo Bank, N.A. ("Wells Fargo
Bank"), Option One and Ownit Mortgage, the Seller is the owner of either the
notes or other evidence of indebtedness (the "Mortgage Notes") or other evidence
of ownership so indicated on Schedule I hereto, and the other documents or
instruments constituting the Mortgage File (collectively, the "Mortgage Loans");

WHEREAS, the Seller, as of the date hereof, owns the mortgages (the
"Mortgages") on the properties (the "Mortgaged Properties") securing such
Mortgage Loans, including rights (a) to any property acquired by foreclosure or
deed in lieu of foreclosure or otherwise, and (b) to the proceeds of any
insurance policies covering the Mortgage Loans or the Mortgaged Properties or
the obligors on the Mortgage Loans;

WHEREAS, the parties hereto desire that the Seller sell the Mortgage
Loans to the Purchaser and the Purchaser purchase the Mortgage Loans from the
Seller pursuant to the terms of this Agreement; and

WHEREAS, pursuant to the terms of a Pooling and Servicing Agreement,
dated as of July 1, 2006 (the "Pooling and Servicing Agreement"), among the
Purchaser, as depositor, Option One, as servicer (the "Servicer"), and Wells
Fargo Bank, as trustee (the "Trustee"), the Purchaser will convey the Mortgage
Loans to the Trustee on behalf of the ABFC 2006-OPT1 Trust (the "Trust"), which
is created pursuant to the Pooling and Servicing Agreement.

 

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