EXHIBIT
10.1
WAIVER
This Waiver (the “ Waiver ”),
is entered into effective as of May 5, 2009, by and among, Ministry
Partners Funding, LLC (the “ Borrower ”),
Evangelical Christian Credit Union (the “ Servicer
”) and BMO Capital Markets Corp. (the “ Agent
”). Reference is made to the Loan, Security and
Servicing Agreement, dated as of October 30, 2007, as heretofore
amended (the “ Loan Agreement ”), among the
Borrower, the Servicer, the Agent, Fairway Finance Company, LLC,
U.S. Bank National Association, and Lyon Financial Services, Inc.
(d/b/a U.S. Bank Portfolio Services).
RECITALS
WHEREAS, subparagraph (p) of the definition of
“Event of Default” in Exhibit I to the Loan Agreement
provides that it shall be an Event of Default if a Hedge Deficit or
Hedge Surplus in excess of 10% shall exist and not be cured within
5 Business Days (the “ Hedging Requirement
”);
WHEREAS, the Borrower has informed the Agent
that it will not be able to comply with the Hedging Requirement
during the period beginning on April 16, 2009 through and including
May 31, 2009 (the “ Hedge Waiver Period
”);
WHEREAS, subparagraph (xxxv) of the definition
of “Eligible Mortgage Loan” in Exhibit I to the Loan
Agreement requires that no more than 18 months have passed since
such Mortgage Loan was initially included within the pool of
Eligible Mortgage Loans (the “ Vintage Loan
Requirement ”);
WHEREAS, as of May 1, 2009, many of the Mortgage
Loans in the Mortgage Loan Pool do not comply with the Vintage Loan
Requirement;
WHEREAS, the Borrower has requested that Agent
waive the requirement that all Eligible Mortgage Loans comply with
the Vintage Loan Requirement during the period beginning on May 1,
2009 through and including May 31, 2009 (the “ Vintage
Waiver Period ”);
WHEREAS, Agent has agreed to waive the Hedging
Requirement during the Hedge Waiver Period and the Vintage Loan
Requirement during the Vintage Waiver Period;
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