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EXHIBIT 4.2
MORTGAGE LOAN PURCHASE AGREEMENT
This Mortgage Loan Purchase Agreement (the "Agreement"),
dated
November 29, 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 November 29, 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 2007-4
Trust, Mortgage Pass-Through Certificates, Series 2007-4 (the
"Certificates")
or, if not defined therein, in the underwriting agreement dated
November 28,
2007 (the "Underwriting Agreement"), among the Company, BANA and
Banc of America
Securities LLC (the "Underwriter") or in the purchase agreement
dated November
29, 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 interest at the applica
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