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3. Customary Provisions
The Mortgage and related Mortgage Note contain customary and enforceable provisions such as
to render the rights and remedies of the holder thereof adequate for the realization against the
Mortgaged Property of the benefits of the security provided thereby, including (i) in the case of a
Mortgage designated as a deed of trust by trustee’s sale, and (ii) otherwise by judicial or non-
judicial foreclosure. Upon default by a Mortgagor on a Mortgage Loan and foreclosure on, or
trustee’s sale of, the Mortgaged Property pursuant to the proper procedures, the holder of the
Mortgage Loan will be able to deliver good and merchantable title to the Mortgaged Property.
There is no homestead or other exemption or right available to the Mortgagor or any other Person
or restriction on the Seller or any other Person, including without limitation, any federal, state or
local, law, ordinance, decree, regulation, guidance, attorney general action, or other
pronouncement, whether temporary or permanent in nature, which would interfere with, restrict or
delay, the ability of the Seller, Purchaser or any servicer or any successor either (y) the right to
sell the Mortgaged Property at a trustee’s sale or otherwise, or (z) the right to foreclose on the
related Mortgage. The Mortgage Note and Mortgage are on forms that are conforming to the
applicable Agency, or the Guide as applicable.
4. Original Terms Unmodified
The terms of the Mortgage Note and the Mortgage have not been impaired, waived, altered or
modified in any respect.
5. No Defenses
The Mortgage Note and the Mortgage are not subject to any right of rescission, set-off,
counterclaim or defense, including, without limitation, the defense of usury, nor will the operation
of any of the terms of the Mortgage Note and the Mortgage, or the exercise of any right there
under, render either the Mortgage Note or the Mortgage unenforceable, in whole or in part, or
subject to any right of rescission, set-off, counterclaim or defense, including, without limitation, the
defense of usury, and no such right of rescission, set-off, counterclaim or defense has been
asserted with respect thereto; and the Mortgagor was not a debtor in any state or federal
bankruptcy or insolvency proceeding at the time the Mortgage Loan was originated nor are any
such proceedings pending. The Mortgaged Property is not subject to any bankruptcy proceeding
or foreclosure proceeding and the Mortgagor has not filed for protection under, or has been a
debtor under, applicable bankruptcy laws as of the Purchase Date.
6. No Outstanding Charges
There are no defaults by the Seller in complying with the terms of the Mortgage, and (1) all taxes,
ground rents, special assessments, governmental assessments, insurance premiums, leasehold
payments, water, sewer and municipal charges which previously became due and owing have
been paid, or escrow funds have been established in an amount sufficient to pay for every such
escrowed item which remains unpaid and which has been assessed but is not yet due and
payable prior to any “economic loss” dates or discount dates (or if payments were made after any
“economic loss” date or discount date, then Seller has paid any penalty or reimbursed any
discount out of Seller’s funds) and (2) all flood and hazard insurance premiums and mortgage
insurance premiums which are due, have been paid without loss or penalty to the Mortgagor.
Seller has received no notice of, and has no knowledge of, any event, including but not limited to
the bankruptcy filing or death of a Mortgagor, which may or could give rise to a Mortgagor default
under the Note or Mortgage. The Seller has not advanced funds, or induced, solicited or
knowingly received any advance from any party other than the Mortgagor, directly or indirectly, for
the payment of any amount due under the Mortgage Loan, unless otherwise permitted in the
Guide.