Freddie Mac Single-Family Seller/Servicer Guide 8102.2 — Obligations upon termination or expiration of Subservicing Agreement

This section contains information related to: ■ Servicing obligations undertaken by new Servicing Agent or by the Master Servicer ■ Mortgages modified electronically ■ Denied Form 479A requests ■ Freddie Mac’s rights ■ Master Servicer and Servicing Agent reviews ■ Servicer to perform the Servicing obligations ■ Servicing reporting ■ Transfer of Mortgage and REO files ■ Transfer of portfolio records ■ Notices to the Borrower ■ Master Servicer’s or new Servicing Agent’s notice to the Borrower ■ Notice requirements

(a) Servicing obligations undertaken by new Servicing Agent or by the Master Servicer Whenever the Master Servicer’s Servicing obligations are undertaken by a new Servicing Agent (e.g., due to the termination or expiration of the Subservicing Agreement with a prior Servicing Agent) or performed directly by the Master Servicer itself, the Master Servicer and, if applicable, the new Servicing Agent must complete and submit (see Directory 3) the following information to Freddie Mac at least 30 days before the date the new Servicing Agent commences Servicing of the Mortgages: ■ A fully executed Form 479A, Single-Family Servicing Agent Certification and Agreement, signed by both the Master Servicer and, if applicable, the new Servicing Agent, with a list of the specified Mortgage types and Mortgages with specified features included in the subservicing arrangement, including, but not limited to, Mortgages in active alternatives to foreclosure and the terms of such alternatives, and ■ A list of Mortgages that will be serviced by the new Servicing Agent or by the Master Servicer directly

(b) Mortgages modified electronically If the portfolio being transferred as part of the subservicing arrangement includes Mortgages that have been modified electronically or subject to an Electronic Payment Deferral Agreement as defined in Chapter 1401, the Servicer that is transferring the Mortgage documents and Servicing records must provide the new Servicing Agent with the following information: ■ A list of Mortgages with either an eModification Agreement or an Electronic Payment Deferral Agreement, and ■ The name of the repository holding the eModification Agreement or Electronic Payment Deferral Agreement Note: See Section 9205.3 for requirements governing the Home Affordable Modification ProgramSM eModification Agreement. Freddie Mac will indicate approval, if appropriate, by providing the signed Form 479A to the Master Servicer and, if applicable, the new Servicing Agent.

(c) Denied Form 479A requests Freddie Mac reserves the right to deny a Master Servicer’s request to use a new Servicing Agent or to undertake Servicing directly. Freddie Mac may provide the Master Servicer written notice of the denial but is not obligated to provide a written notice explaining the reason for denial. In the event Freddie Mac denies a Master Servicer’s request to use a new Servicing Agent or undertake Servicing directly, the Master Servicer agrees to work with Freddie Mac to identify a new Servicing Agent or engage in a Subsequent Transfer of Servicing of the Mortgages to a Transferee Servicer in accordance with the requirements of Chapter 7101.

(d) Freddie Mac’s rights Any unauthorized Servicing of Freddie Mac Mortgages by a new Servicing Agent or by the Master Servicer constitutes grounds for suspension or disqualification of both the Master Servicer and the purported Servicing Agent as Seller/Servicers. In addition, Freddie Mac may exercise any of its other rights under the Purchase Documents. Freddie Mac may perform a post-transfer review following establishment of the subservicing arrangement, which may include onsite visits, to determine whether the Master Servicer and Servicing Agent, as applicable, complied with the requirements of the Guide and applicable Purchase Documents.

(e) Master Servicer and Servicing Agent reviews The Master Servicer, the former Servicing Agent and, if applicable, the new Servicing Agent must participate with each other to conduct a due diligence review on the Mortgages related to the transfer, the transferred Mortgage files, Servicing data and records, Custodial Accounts (if applicable), obligations under the Purchase Documents and any alternative to foreclosure and provide to the Servicer that will perform the Servicing obligations with any missing data, documents or other information necessary for that Servicer to perform its obligations in accordance with the Guide, applicable Purchase Documents, terms of the Mortgage and applicable alternatives to foreclosure.

(f) Servicer to perform the Servicing obligations The Servicer that will perform the Servicing obligations must perform a due diligence review on the Mortgages it will service and on any related Custodial Accounts and be aware of any obligations under the Purchase Documents and any alternative to foreclosure, whether offered and outstanding or currently in place with a Borrower. The Servicer that will be performing the Servicing obligations must ensure that its due diligence efforts include, but are not limited to, a review of the following information: ■ Reports and data that confirm and support information provided to the Servicer ■ Pertinent reports prepared by internal or external auditors, including any recently completed Freddie Mac audit Upon request, the Master Servicer and any Servicing Agent must provide to Freddie Mac the post-transfer review results.

(g) Servicing reporting Beginning with reports due for the reporting cycle immediately following the day the new Servicing Agent or Master Servicer undertakes the performance of the Servicing obligations, all Servicing reports, whether required to be submitted electronically or by paper copy, must be submitted in the name and Seller/Servicer number of the Master Servicer.

(h) Transfer of Mortgage and REO files No later than 30 days after the new Servicing Agent or Master Servicer undertakes the performance of the Servicing obligations, the Servicer that was performing the Servicing obligations must deliver to the new Master Servicer, or, if applicable, the new Servicing Agent, the following records for each Mortgage and REO for which Servicing is transferred: 1. Mortgage file: The Mortgage file that the Servicer is required to maintain in accordance with Chapter 3302 ■ If the Servicer that was performing the Servicing obligations does not have the same form of document and records maintenance (such as photographic, photostatic, microfilm, microfiche, electronic imaging, optical disk or laser disk storage) as the new Servicer Agent or Master Servicer, then the former Servicer must either convert the documents and records to the form of storage used by the new Servicer Agent or Master Servicer or generate paper copies of all documents and records for the new Servicer Agent or Master Servicer ■ Effective for Mortgages with Note Dates on or after July 1, 2013, Servicers may no longer make copies of original paper Mortgage file documents for any Mortgage file documents (excluding the paper original Mortgage file documents specified in Section 3302.1(b), which must always be maintained and stored as paper originals) using microfilm or microfiche. Servicers may copy original paper Mortgage file documents using scanning systems commonly used in the regular course of business at this time and maintain copies of such documents as Portable Document Format (PDF), Tagged Image File (TIF) format, Joint Photographic Experts Group (JPEG) format or other electronic document formats commonly used in the regular course of business at this time. 2. Payment history: The complete history of Mortgage payments and, if applicable, Escrow disbursements (including the most recent Escrow analysis), with supporting documentation, from the Origination Date of the Mortgage 3. Correspondence and reports: Copies of all correspondence with and reports to the Borrowers and, as applicable, the FHA, VA, RHS, MIs; Freddie Mac and any government authority 4. Notice of transfer: A copy of the notice to the Borrowers regarding the change in entity performing the Servicing obligations (e.g., change of payment address) 5. REO history: If REO is being serviced, the complete history of receipts, expenditures and management and marketing activities (including copies of any filed MI claims) with supporting documentation from the date the REO was acquired

(i) Transfer of portfolio records No later than the date the new Servicing Agent or Master Servicer undertakes the performance of the Servicing obligations, the Servicer must deliver to the new Servicing Agent or Master Servicer that will perform the Servicing obligations the following records for the Mortgages and REO that will be serviced by such Servicing Agent or Master Servicer: 1. Service contracts: Copies of tax and flood hazard determination service contracts, if applicable 2. Unpaid charges: A list of Escrowed charges due and unpaid as of the date the new Servicing Agent or Master Servicer undertakes the performance of the Servicing obligations 3. Trial balances: Trial balances, as of the close of the last Business Day immediately preceding the date on which the performance of Servicing obligations will transition to the new Servicing Agent or back to the Master Servicer, showing: ■ Transfers of Ownership, payoffs and other Servicing exceptions in process ■ Escrows, Escrow advances and prepayments ■ Where applicable, buydown accounts and balances ■ Delinquencies, foreclosures, bankruptcies and REO 4. Automatic payments: A list of Mortgages subject to automatic drafting of monthly payments along with Borrower authorization and all necessary information to continue, without interruption, electronic payments on the Borrower’s Mortgage, to the extent permitted by applicable law 5. Insurance policies: A list of Mortgages showing expiration dates of the insurance policies on the Mortgaged Premises, whether or not premiums for these policies were Escrowed 6. Other documents: Ledger records and definitions of codes used in ledger records, trial balances or any other documents required by Freddie Mac to be transferred to the Servicing Agent or Master Servicer that is undertaking the performance of the Servicing obligations ■ Custodial Accounts (if applicable): A copy of the depository institution’s reconciliation, as of the close of the bank’s last business day immediately preceding the date on which the performance of Servicing obligations will transition to the new Servicing Agent or back to the Master Servicer, for each Custodial Account maintained in accordance with Chapter 8304 ■ Freddie Mac reports: Copies of all Servicing and accounting reports filed with Freddie Mac for the three months immediately preceding the date on which the performance of Servicing obligations will transition to the new Servicing Agent or back to the Master Servicer

(j) Notices to the Borrower The Servicer that is ceasing performance of the Servicing obligations must provide timely notice to the Borrowers to ensure a smooth transition, avoid disruption in Mortgage payments and otherwise comply with applicable laws and regulations. The Servicer must provide written notice to each Borrower at least 15 days before the first payment is due to be received by the Servicer Agent or Master Servicer that is undertaking the performance of the Servicing obligations.

(k) Master Servicer’s or new Servicing Agent’s notice to the Borrower The Master Servicer or its new Servicing Agent, whichever is undertaking the performance of the Servicing obligations, must provide to each Borrower written confirmation of the information in the notice to the Borrowers provided by the Servicer that is ceasing performance of the Servicing obligations within 15 days before the date the first payment is due to be received by the Master Servicer or its Servicing Agent, as applicable.

(l) Notice requirements The notice must advise the Borrower of the following: 1. The date the new Servicing Agent or Master Servicer undertakes the performance of the Servicing obligations 2. The name and address of the Servicer undertaking the performance of the Servicing obligations 3. The names and telephone numbers of the contact persons or departments where the Borrowers’ inquiries relating to the transfer should be directed. (If toll-free numbers are not available, the letter must indicate that collect calls will be accepted.) Such names and telephone numbers must be provided for the party previously performing the Servicing obligations as well as the new Servicing Agent or Master Servicer undertaking the performance of the Servicing obligations. 4. The date when the party previously performing the Servicing obligation will no longer collect the Borrowers’ payments and when the new Servicing Agent or Master Servicer undertaking the performance of the Servicing obligations will begin to collect them 5. Procedures for maintenance of automatic draft payments, if applicable. Every effort must be made to continue, without interruption, electronic payments on the Borrower’s Mortgage, to the extent permitted by applicable law. The notice may not amend the terms of a Mortgage other than those relating to where to send payments. The Master Servicer and any Servicing Agent must ensure that their staff and facilities are adequately prepared to process Servicing and accounting transactions and to respond to Borrower inquiries during the transfer transition period. The Servicing Agent or Master Servicer undertaking the performance of the Servicing obligations must assume responsibility for responding to Borrower inquiries received after the date of such undertaking. If any Servicing or accounting problem cannot be resolved without the involvement of the Servicer that was performing the Servicing obligations, the new Servicing Agent or Master Servicer undertaking the performance of the Servicing obligations, and not the Borrower, should initiate the contact with the prior Servicer. During the transfer transition period, the Servicers involved must make reasonable efforts to resolve disputes to the Borrowers’ satisfaction when such disputes arise from legitimate Borrower misunderstanding of instructions in the notices to the Borrower. Late charges must be waived and, if applicable, appropriate adjustments to payment and credit records made for misapplied or unapplied payments due to a payment received by the Servicer that was performing the Servicing obligation instead of the new Servicing Agent or Master Servicer undertaking the performance of the Servicing obligations. Within one day of receipt, the Servicer that was performing the Servicing obligations must deliver to the Servicing Agent or Master Servicer undertaking the performance of the Servicing obligations any funds for, or correspondence regarding, any of the Mortgages and REO related to the transfer that are received on or after the date the Servicing Agent or Master Servicer undertakes the performance of the Servicing obligations.