EXHIBIT 4.2
MORTGAGE LOAN PURCHASE AGREEMENT
This Mortgage Loan Purchase Agreement (the "Agreement"), dated
August 30, 2007,
is between Banc of America Mortgage Securities, Inc., a Delaware
corporation
(the "Purchaser" or the "Company") and Bank of America, National
Association, a
national banking association ("BANA" or the "Seller").
The Purchaser and the Seller hereby recite and agree as
follows:
1. Defined Terms. Terms used without definition herein shall
have
the respective meanings assigned to them in the Pooling and
Servicing Agreement
dated August 30, 2007 (the "Pooling and Servicing Agreement"),
among the
Company, BANA, as servicer and Wells Fargo Bank, N.A., as trustee
(the
"Trustee"), relating to the issuance of the Banc of America
Mortgage 2007-3
Trust, Mortgage Pass-Through Certificates, Series 2007-3 (the
"Certificates")
or, if not defined therein, in the underwriting agreement dated
August 29, 2007
(the "Underwriting Agreement"), among the Company, BANA and Banc of
America
Securities LLC (the "Underwriter") or in the purchase agreement
dated August 30,
2007 (the "Purchase Agreement"), among the Company, BANA and Banc
of America
Securities LLC.
2. Purchase Price; Purchase and Sale. The Seller agrees to sell,
and
the Company agrees to purchase, the mortgage loans (the "Mortgage
Loans"),
listed in the Mortgage Loan Schedule. The purchase price (the
"Purchase Price")
for the Mortgage Loans shall consist of $[_____________] payable by
the Company
to the Seller on the Closing Date in immediately available
funds.
Upon payment of the Purchase Price, the Seller shall be deemed to
have
transferred, assigned, set over and otherwise conveyed to the
Company all the
right, title and interest of the Seller in and to the Mortgage
Loans, including
all interest and principal received or receivable by the Seller on
or with
respect to the Mortgage Loans after the Cut-off Date (and including
scheduled
payments of principal and interest due after the Cut-off Date but
received by
the Seller on or before the Cut-off Date and Principal Prepayments
received or
applied on the Cut-off Date, but not including payments of
principal and
interest due on the Mortgage Loans on or before the Cut-off Date),
together with
all of the Seller's rights, title and interest in and to the
proceeds of any
related title, hazard, primary mortgage, mortgage pool policy or
other insurance
policies, but excluding any fees payable by a Mortgagor for the
right to cancel
any portion of principal or interest of a BPP Mortgage Loan. The
Company hereby
directs the Seller, and the Seller hereby agrees, to deliver to the
Trustee all
documents, instruments and agreements required to be delivered by
the Company to
the Trustee under the Pooling and Servicing Agreement and such
other documents,
instruments and agreements as the Company or the Trustee shall
reasonably
request.
3. Representations and Warranties. The Seller hereby represents
and
warrants to the Company that (i) the Company's representations and
warranties to
the Trustee pursuant to Section 2.04 of the Pooling and Servicing
Agreement
insofar as they relate to the Mortgage Loans are true and correct,
as of the
date thereof, and (ii) the Seller has not dealt with any broker,
investment
banker, agent or other Person (other than the Company and Banc of
America
Securities LLC) who may be entitled to any commission or
compensation in
connection with the sale of the Mortgage Loans. The Seller hereby
agrees to cure
any breach of such representations and warranties in accordance
with the terms
of the Pooling and Servicing Agreement.
4. Repurchase or Substitution. The Seller hereby agrees to
repurchase any Mortgage Loan (i) for which any document is not
delivered, as
provided in paragraph 2 above, (ii) which is found by the Trustee
to be
defective in any material respect, as provided in the Pooling and
Servicing
Agreement, or (iii) which is discovered at any time not to be in
conformance
with the representations and warranties referred to in paragraph 3
above and
which document relating thereto the Seller does not deliver or
which defect or
breach the Seller does not cure (as provided in paragraph 3 above)
within 90
days after the date of notice thereof from the Trustee or the
Company, at a
price equal to the then unpaid principal balance thereof, plus
accrued and
unpaid int
