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Mortgage Loan Sale Agreement
"Need a Mortgage Loan Sale Agreement for the transfer of a portfolio of 250 residential mortgage loans from First National Bank to Capital Investments LLC, with closing scheduled for March 15, 2025, including provisions for servicing transfer and MERS registration."
1. Parties: Identifies the seller and purchaser of the mortgage loans
2. Background/Recitals: Sets forth the context and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Purchase and Sale: Details the fundamental transaction and purchase price
5. Closing: Specifies closing date, conditions, and mechanics
6. Representations and Warranties: Seller's and purchaser's representations regarding the loans and their authority
7. Covenants: Ongoing obligations of the parties
8. Remedies: Rights and remedies in case of breach
9. Governing Law: Specifies applicable law and jurisdiction
1. Securitization Provisions: Required if loans will be securitized. Include when loans are intended for securitization
2. Servicing Transfer Provisions: Details transfer of servicing rights. Include when servicing rights are being transferred
3. MERS Provisions: Requirements for MERS-registered loans. Include when loans are registered with MERS
1. Mortgage Loan Schedule: Detailed list of all loans being sold with key characteristics
2. Due Diligence Criteria: Standards for loan review and acceptance
3. Required Documents: List of required documentation for each loan
4. Form of Assignment: Template for loan assignment documentation
5. Purchase Price Calculation: Methodology for calculating purchase price
6. Transfer Instructions: Detailed procedures for transferring loans and documents
Authors
Applicable Law
Assignment
Business Day
Closing Date
Cut-off Date
Due Diligence
Effective Date
Eligible Loan
Encumbrance
Event of Default
Governmental Authority
Loan Documents
Loan File
Loan Schedule
Material Adverse Effect
Mortgage
Mortgage Loan
Mortgage Note
Mortgaged Property
Mortgagor
Purchase Price
Purchaser
Purchase Price Percentage
Qualified Party
Recording Fees
Related Property
Required Documents
Seller
Servicer
Servicing Rights
Servicing Transfer Date
Settlement Statement
Title Insurance Policy
Transfer Documents
Underwriting Guidelines
Unpaid Principal Balance
Consideration
Representations and Warranties
Transfer and Assignment
Servicing Transfer
Conditions Precedent
Closing Conditions
Due Diligence
Document Delivery
Repurchase Obligations
Indemnification
Remedies
Confidentiality
Record Retention
Further Assurances
Notices
Assignment and Delegation
Survival
Amendment and Modification
Severability
Governing Law
Dispute Resolution
Force Majeure
Entire Agreement
Counterparts
Third-Party Rights
Expenses
Regulatory Compliance
Data Protection
Insurance
Default and Termination
MERS Provisions
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