2. BROKER’S WARRANTIES:
BROKER REPRESENTS AND WARRANTS TO LNB AT THE TIME ANY PACKAGE IS SUBMITTED TO LNB AND AT THE TIME THAT ANY MORTGAGE LOAN IS FUNDED AND CLOSED BY LNB, THAT:
A. THAT THE INFORMATION CONTAINED IN THE WHOLESALE BROKER APPLICATION IS TRUE AND CORRECT. THAT BROKER SHALL NOT SUBMIT IN ANY PACKAGE ANY FALSE, FRAUDULENT OR ERRONEOUS INFORMATION OR STATEMENTS, OR OMIT ANY MATERIAL FACT NECESSARY TO MAKE ANY STATEMENT OR INFORMATION INCLUDED IN THE PACKAGE TRUE, ACCURATE, COMPLETE AND UNDERSTANDABLE. FOR PURPOSES OF THIS WARRANTY, THE TERM “SUBMIT” SHALL MEAN (I) SUBMITTING A PACKAGE TO LNB WITH FALSE, FRAUDULENT OR ERRONEOUS INFORMATION WITH ACTUAL KNOWLEDGE THEREOF: OR (II) SUBMITTING A PACKAGE TO LNB WITH FALSE, FRAUDULENT OR ERRONEOUS INFORMATION AFTER FAILING TO FOLLOW STANDARD PRACTICES AND PROCEDURES PREVALENT IN THE MORTGAGE BANKING OR BROKERING INDUSTRY WHICH, IF FOLLOWED, WOULD HAVE LED TO THE DISCOVERY OR DISCLOSURE THEREOF; OR (III) SUBMITTING A PACKAGE WITH FALSE, FRAUDULENT OR ERRONEOUS INFORMATION WHERE SUCH INFORMATION WAS OR SHOULD HAVE BEEN WITHIN THE KNOWLEDGE OR CONTROL OF BROKER. BROKER ACKNOWLEDGES THAT THE INFORMATION IN A PACKAGE IS SUBJECT TO LNB’S INDEPENDENT VERIFICATION, UNDERWRITING APPROVAL OR QUALITY CONTROL REVIEW BUT THIS SHALL NOT AFFECT BROKER’S DUTIES, RESPONSIBILITIES AND REPRESENTATIONS HEREUNDER.
B. UNLESS OTHERWISE EXEMPT, BROKER IS IN COMPLIANCE WITH ALL LICENSING REQUIREMENTS TO BROKER MORTGAGE LOANS OR OTHERWISE NECESSARY DO BUSINESS IN THE STATE(S) IN WHICH BROKER BROKERS, ORIGINATES OR NEGOTIATES ANY MORTGAGE LOAN AND POSSESSES AND AGREES TO MAINTAIN AS VALID, ALL NECESSARY LICENSES, PERMITS, AND AUTHORITY TO ENGAGE IN ACTIVITIES CONTEMPLATED BY THIS AGREEMENT.
C. UNLESS DISCLOSED TO LNB IN WRITING AND APPROVED BY LNB IN WRITING BEFORE THE FUNDING OF ANY MORTGAGE LOAN, BROKER SHALL NOT RECEIVE ANY DIRECT OR INDIRECT PAYMENT FROM ANY PERSON OTHER THAN THE LOAN APPLICANT WITH RESPECT TO THE MORTGAGE LOAN, INCLUDING, WITHOUT LIMITATION, A PAYMENT INVOLVING ESCROW, APPRAISAL OR SALE, AND BROKER (AND BROKER’S AGENTS, EMPLOYEES, OFFICERS AND DIRECTORS) SHALL HAVE NO DIRECT OR INDIRECT OWNERSHIP INTEREST, GUARANTY
INTEREST LIEN ON OR IN ANY PROPERTY INTENDED AS SECURITY FOR THE MORTGAGE LOAN BEING REVIEWED BY LNB.
D. BROKER, IF IT IS NOT AN INDIVIDUAL, IS DULY ORGANIZED, VALIDLY EXISTING AND IN GOOD STANDING UNDER THE LAWS OF THE JURISDICTION OF ITS ORGANIZATION, AND HAS FULL POWER AND AUTHORITY TO OWN ITS ASSETS AND CARRY ON ITS BUSINESS AS IT IS NOW BEING CONDUCTED, AND IS DULY QUALIFIED TO TRANSACT BUSINESS WHERE SUCH QUALIFICATION IS REQUIRED.
E. ALL MORTGAGE LOAN APPLICATIONS SUBMITTED TO LNB WILL BE ORIGINATED, COMPILED AND PREPARED BY TRAINED EMPLOYEES OF BROKER AND WILL BE PROPERLY ORIGINATED, PREPARED AND COMPLETED IN ACCORDANCE WITH THE PROCEDURES AND GUIDELINES OF LNB, WHICH SHALL BE KNOWN TO BROKER AND BROKER WARRANTS TO REMAIN APPRISED OF ALL CURRENT PROCEDURES AND GUIDELINES OF LNB SENT TO BROKER BY LNB. FURTHER, BROKER AGREES TO DELIVER TO LNB ANY AND ALL EXHIBITS OR DOCUMENTS OBTAINED OR PREPARED BY THE BROKER IN CONNECTION WITH EACH LOAN SUBMITTED.
F. BROKER HAS THE REQUISITE AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT.