Freddie Mac Single-Family Seller/Servicer Guide 2202.2 — Contracting with a Document Custodian

This section contains requirements related to: ■ Contracting with a Document Custodian other than a Designated Custodian ■ Contracting with a Designated Custodian ■ Special requirements – Mortgages sold through Cash-Released XChange® ■ Special requirements for eMortgages ■ Terminating the document custodial relationship

(a) Contracting with a Document Custodian other than a Designated Custodian (i) Submission of Form 1035, Document Custodial Agreement: Single-Family Mortgages Before delivering any Notes and assignments to a Document Custodian other than a Designated Custodian, a paper version of Form 1035 executed by the Seller/Servicer and the Document Custodian must be delivered to and approved by Freddie Mac (see Directory 1). Form 1035 is the Tri-Party Agreement among Freddie Mac, a Document Custodian and a Seller/Servicer governing the verification and custody of all Notes and assignments for Mortgages delivered for sale to or serviced for Freddie Mac by a Seller/Servicer. Note: Additional application requirements to become a Freddie Mac-approved Document Custodian may be obtained from Freddie Mac (see Directory 1). (ii) Freddie Mac approval and assignments After reviewing the Document Custodian application and any other required documentation, if Freddie Mac determines that the applicant meets the eligibility requirements, Freddie Mac will: ■ Assign a Document Custodian number to the Document Custodian, ■ Assign a Tri-Party Agreement number to identify that relationship, ■ Execute Form 1035, ■ Provide the Seller/Servicer and the Document Custodian each with a copy of the fully executed Form 1035, ■ Inform the respective parties of the Document Custodian number and the Document Custodial agreement number, and ■ Maintain the original fully executed Form 1035 The Document Custodian will be assigned only one Document Custodian number for all Seller/Servicer relationships approved at that location. It must, however, complete a separate application, including a Form 1035 executed by the Seller/Servicer and the Document Custodian, for each Seller/Servicer that wishes to use its custodial services. A Document Custodian with an assigned Document Custodian number must insert the number in the appropriate space on Form 1035. (iii)Delivery restrictions Seller/Servicers may not make a delivery pursuant to Section 6301.4(a) until Freddie Mac has: ■ Executed the Form 1035, and ■ Provided written confirmation of the approval and its effective date (iv) Audit and compliance checks For Document Custodians other than the Designated Custodians, Freddie Mac relies on the representations and warranties of the Seller/Servicer in Form 1035 that the Document Custodian satisfies the eligibility requirements of Section 2202.1(b). Freddie Mac and/or its auditors: ■ May perform, with or without prior notice, on-site audits of all records and documents held by the Document Custodian that relate to the Notes and assignments held for Freddie Mac, and ■ Reserve the right to perform on-site audits at any time to evaluate the Document Custodian’s compliance with Freddie Mac requirements and to assess its internal controls Freddie Mac’s execution of Form 1035 will not be deemed to be an approval of the Document Custodian or a waiver of any rights to enforce the eligibility conditions.

(b) Contracting with a Designated Custodian (i) Establishing custodial relationship with Designated Custodian Servicers may use a Freddie Mac Designated Custodian to hold the Notes for Mortgages they service for Freddie Mac, except as set forth in Sections 2202.2(c) and (d). To establish a custodial relationship with a Designated Custodian, the Seller/Servicer must complete: ◼ A Tri-Party Agreement on Form 1035DC, Designated Custodial Agreement: SingleFamily Mortgages, for BNYM or Form 1035CS, Designated Custodial Agreement: Single-Family Mortgages, for Computershare Trust Company, N.A. (“Computershare”), and ◼ All other forms required by, and available from, the Designated Custodian (see Directory 4) Note that Forms 1035DC and 1035CS differ from Form 1035. (ii) Freddie Mac assignments and notifications Freddie Mac has assigned each Designated Custodian a Document Custodian number to insert on the application package and in the Tri-Party Agreement. Freddie Mac will review each application and, if approved, will notify the Seller/Servicer of the effective date of the related Tri-Party Agreement. Questions about the Designated Custodians and Form 1035DC or Form 1035CS should be directed to Freddie Mac (see Directory 1). Questions about BNYMs Designated Custodian Registration Forms or Computershare’s customer forms should be directed to the appropriate entity (see Directory 4).

(c) Special requirements – Mortgages sold through Cash-Released XChange (i) Mortgages other than eMortgages For Mortgages other than eMortgages, Sellers selling Mortgages to Freddie Mac through Cash-Released XChange, and Servicers participating in that process, must use a Document Custodian set forth in Exhibit 43, Cash-Released XChange® Document Custodians. If the Document Custodian used by the Seller/Servicer is a Designated Custodian, the requirements in Section 2202.2(b) apply; in all other cases, the Seller/Servicer should refer to the requirements in Section 2202.2(a). (ii) eMortgages For deliveries and Transfers of Servicing of eMortgages sold through Cash-Released XChange, Seller/Servicers must use Freddie Mac as the eNote Custodian (see Directory 4 and Chapter 1402).

(d) Special requirements for eMortgages Seller/Servicers selling or Servicing eMortgages must comply with the document custody requirements of Chapter 1402 and the Seller’s other Purchase Documents.

(e) Terminating the document custodial relationship Any party may terminate a Tri-Party Agreement as set forth in Section 2202.4. The Document Custodian: ■ Must transfer all Notes and assignments for Mortgages held pursuant to the agreement being terminated to a Transferee Document Custodian as described in Sections 2202.4 and 7101.4(c), and ■ May not refuse, or fail to fulfill its custodial responsibilities or obligations under the TriParty Agreement being terminated until all Notes and assignments have been received by the Transferee Document Custodian