FOURTH ADDENDUM TO SERVICING AGREEMENT
Exhibit 10.33
Final 9/12/07
FOURTH ADDENDUM TO SERVICING AGREEMENT
This Fourth Addendum dated and effective as of September 1, 2007 (the Addendum) is made to the Servicing Agreement dated as August 21, 2001 and amended as of July 1, 2004 and April 1, 2005 (the Agreement) by and between GMAC Mortgage, LLC (the Affiliate), a Delaware limited liability company [formerly known as GMAC Mortgage Corporation,] and GMAC Bank (the Bank or GMACB), a Utah industrial bank.
Explanatory Statement
1. The Agreement was assumed by the Bank pursuant to the terms and conditions of the Purchase and Assumption Agreement dated as of November 20, 2006.
2. The Affiliate and the Bank wish to amend the Agreement to provide additional terms and conditions governing the Affiliates performance of Servicing on behalf of the Bank.
3. It is the intent of the Bank and the Affiliate that this Addendum comply with the requirements of Sections 23A and 23B of the Federal Reserve Act and the Federal Reserve Boards Regulation W.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties hereto, intending to be legally bound, hereby agree as follows:
1. Exhibit A-1 is added to the Agreement.
2. Any conflict between the provisions of this Addendum and those of the Agreement shall be resolved in favor of the provisions of this Addendum. Except as expressly set forth in this Addendum, no modification of the Agreement is made or intended to be made by this Addendum, and the Agreement, as amended by this Addendum, is confirmed and reaffirmed by the Affiliate and the Bank and shall be and remain in full force and effect.
IN WITNESS WHEREOF, each of the undersigned parties to this Addendum has caused this Addendum to be duly executed in its name by one of its duly authorized officers or members, all as of the date first above written.
ATTEST: | GMAC Mortgage, LLC | |||
| By: | /s/ James Young | ||
James Young | ||||
Its: | Chief Financial Officer | |||
ATTEST: | GMAC BANK | |||
| By: | /s/ Robert Groody | ||
Robert Groody | ||||
Its: | Chief Mortgage Accountant |
Exhibit A-1
Servicing Fee Schedule Mortgage Servicing Rights
Pricing
The following pricing will apply to servicing of loans for which GMAC Bank (Bank) owns the related mortgage servicing rights (MSRs)
Service fee per loan | $46 per annum payable monthly per loan serviced (1) | |
MSR program set up charge | No charge | |
Set up fee per loan | No charge | |
Ancillary income |
Late charge income | For account of Bank | |
Float income (P&I, T&I) | For account of Bank | |
Optional products | For account of Bank | |
Servicing activity fees | For account of Bank | |
Customer prepayment fees | For account of Bank |
(1) | $46 per annum will adjust quarterly based on GMACM actual cost to service |