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1995-152
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1995-152
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Last modified
3/11/2019 3:08:10 PM
Creation date
3/11/2019 3:00:22 PM
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Resolutions
Resolution Number
1995-152
Approved Date
12/05/1995
Resolution Type
Housing
Entity Name
Escambia County Housing Finance Authority
Interlocal Agreement
Subject
TEFRA single Family Mortgage Revenue Bonds
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Loans constituting GwA Pcolsa in accordance with FHA, VA or RECD <br />regulations, as applicable, and GNMA re,m lations. <br />The monthly remuneration of the Servicer for its servicing <br />functions, and the guaranty fee charged by GNMA, are based on the <br />unpaid principal amount of the Series A GNMA Certificates <br />outstanding. In compliance with GNMA regulations and policies, the <br />total of these servicing and guaranty fees equals 0.50% per annum <br />calculated on the principal balance of. each Series A Mortgage Loan <br />outstanding on the last day of the month preceding such <br />calculation. The GNMA Pass -Through Rate is determined by deducting <br />from the Mortgage Rate the 0.50% servicing and guaranty fees and <br />Excess Service Fee, if any, because the servicing and guaranty <br />fees and Excess Service Fee, if any, are deducted from payments on <br />the Series A Mortgage Loans before payments are passed through to <br />the Trustee. <br />It is expected that interest and principal payments on the <br />Series A Mortgage Loans received by the Servicer will be the source <br />of money for payments on the Series A GNMA Certificates. If such <br />payments are less than the amount then due, the Servicer is <br />obligated to advance its own funds to ensure timely payment of all <br />scheduled payments on the Series A GNMA Certificates. GNMA <br />guarantees such timely payment in the event of the failure of the <br />Servicer to pass through an amount equal to the scheduled payments <br />(whether or not made by the Mortgagors). If such payments are not <br />received as scheduled the Trustee has recourse directly to GNMA. <br />The Servicer is required to advise GNMA in advance of any <br />impending default on scheduled payments so that GNMA as guarantor <br />will be able to continue such payments as scheduled in accordance <br />with the GNMA Mortgage -Backed Securities Guide (the "GNMA Guide"). <br />The GNMA guaranty agreement to he entered into by GNMA and the <br />Servicer upon issuance of the Series A GNMA Certificates (the "GNMA <br />Guaranty Agreement:") will provide that, in the event of it default <br />by the Servicer, including (i) a request_ to GNMA to make a payment <br />of principal of or .interest on a Series A GNMA Certificate when the <br />Mortgagor is not in default under the Mortgage Note, (ii) <br />insolvency of. the Stirvi.cer, or (iii) default by the Servicer under <br />any other guaranty agreement with GNMA, GNMA shall have the right, <br />by latter- to the Servicer, to effect and complete the <br />extinguishment of the Servicer's interest in the related Series A <br />Mortgage Loans. and the related Series A Mortgage Loans shall <br />thereupon berme the absolute property of 01MA. subject only to tt++ <br />unsatLstied rights Of the holder of the Series A aNM Certificates <br />In such event, all parer and authority at the Servicer with respect <br />to for servicing of such OWa Pools, including the right to collect <br />ttu. *vrvitinq f— -also will terminate and espire. The authority <br />r,; viosr under the terms of the QS Ouide will be <br />passe t a" be Vested in QJM. and Q1 M will be the <br />to all respects to tie sw"joer is its capacity as <br />Sol v a 4,W1 , and wi l l be sebj• + t o at l a .1 too placed as the am - leer <br />n <br />
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