including for example: (i) the underwriting of
the Borrower’s creditworthiness and ability to
borrow funds or repay the loan or the Borrower’s
eligibility and qualication or the Borrower’s
identity; (ii) the underwriting criteria related to
the Property or project eligibility, the Property
appraisal or the physical or environmental
condition of the Property; (iii) loan terms and
criteria or any terms and criteria set forth in any
negotiated provision; (iv) a life-of-loan exclusion
in this Policy for which rescission is a remedy; (v)
requirements applicable to the closing and sale
of the loan; or (vi) the form and/or execution of
required loan and mortgage documents, without
which the loan would be ineligible for insurance
or the enforceability of the mortgage terms
would be limited.
“Single Loan Fraud” means we nd clear and
convincing evidence of, or a legal judgment or
other legally binding determination conrms, a
knowing misstatement, misrepresentation, or
omission by any Person in connection with the
origination or closing of a loan, or the Applica-
tion, that was intended to: (i) defraud any party
involved in the transaction; or (ii) obtain any
insurance, money, funds, credits, assets, securities,
or other properties from any party involved in
the transaction by means of fraudulent pretens-
es, representations, or promises. Single Loan
Fraud includes a Valuation Defect where there is
clear and convincing evidence that the appraiser
manipulated, inappropriately utilized or misrep-
resented information in producing the appraisal
report that established the Original Value.
“Third-Party Sale” means a sale of the Property:
(i) by the Borrower with the consent of the
Servicer prior to completion of Appropriate
Proceedings, or by the Servicer or Beneciary
after the acquisition of Borrower’s title to the
Property through Appropriate Proceedings; (ii) in
the case of a GSE Beneciary, by the Borrower
with the consent of the GSE Beneciary prior to
completion of Appropriate Proceedings, or by
the Servicer (with the consent of the GSE
Beneciary) or the GSE Beneciary after the
acquisition of Borrower’s title to the Property
through Appropriate Proceedings; and (iii) a
foreclosure or trustee’s sale of the Property to a
third party at a price no less than the minimum
required to be bid as set forth in Section 59.
“Third-Party Sale Option” means the settlement
of a Claim as described in Section 74.
“Total Loss” means (i) the Claim Amount plus
Advances (if not otherwise included in the Claim
Amount) paid as of the date of the foreclosure,
Workout or Third-Party Sale, as applicable,
minus (ii) any Net Proceeds.
“Underwriting Guidelines” means the
denitions, criteria, methods, calculations,
guidelines, documentation and other
requirements we use to determine if a loan is
eligible for insurance under this Policy, as such
requirements are issued or published in our
underwriting guides, bulletins, premium rate
cards or as we otherwise communicate to the
initial Insured. Our Underwriting Guidelines are
effective when we issue them, including by
posting them on our website, unless otherwise
specied. Our records maintained in good faith
will be conclusive regarding the Underwriting
Guidelines in effect at any particular time.
“Valuation Defect” means (i) a percentage
variance of 15% or more between the Original
Value and the opinion of market value for the
subject Property as determined by a licensed
appraiser in an appraisal report prepared at
our request as of the date of the Original Value
in compliance with industry standard appraisal
practices, or another generally accepted industry
standard for retrospective valuation, and (ii)
the loan-to-value ratio calculated as of the
Certicate Effective Date using the retrospective
value did not meet our Underwriting Guidelines
applicable to the loan. The percentage variance
is the quotient determined by dividing the
difference between the two values by the
Original Value, expressed as a percentage.
A Valuation Defect is a Signicant Defect.
“We,” “us” or “our” means the insurer, National
Mortgage Insurance Corporation, an authorized
mortgage guaranty insurance company, and its
successors and assigns.
6
NATIONAL MORTGAGE INSURANCE CORPORATION | MASTER POLICY
AS08.12.01_01.22
USMI-001 (03/20)