Freddie Mac Single-Family Seller/Servicer Guide 8901.2 — Delinquency management for HeritageOne® Mortgages

(D) The Native American Tribe’s rights during Delinquency The Native American Tribe may have certain rights if a Borrower subject to a HeritageOne Mortgage becomes delinquent. In accordance with applicable law, Chapter 4504, the Mortgage documents and any applicable Freddie Mac HeritageOne memorandum of understanding, these rights may include, but are not limited to: ■ Right of first refusal; or ■ In the case of a HeritageOne leasehold Mortgage, curing the Delinquency on behalf of the Borrower obligated under a HeritageOne Mortgage, or, if curing the Delinquency on behalf of the Borrower is determined by the lessor not to be a viable solution to the Delinquency, paying off the HeritageOne leasehold Mortgage (e.g., by finding a new potential lessee to purchase the property from the Borrower for an amount that pays off the total debt) Note: For additional requirements regarding right of first refusal on a HeritageOne Mortgage, see Section 4504.5. 2. Preforeclosure referral Servicing requirements for HeritageOne Mortgages

(A) Breach letter In accordance with Section 9101.2, Servicers must mail the breach letter for all HeritageOne Mortgages, including First Lien Mortgages and modified Mortgages, no later than the 75th day of Delinquency (i.e., 105 days after the DDLPI). If applicable law requires the breach letter (or any other pre-breach letter or notice) to be sent prior to the 75th day of Delinquency in order to be able to refer the Mortgage to foreclosure as required in Sections 9301.2(c) and 9301.2(d), the Servicer must send the breach letter on such earlier date. Servicer must provide a copy of the breach letter to all parties as required by applicable law, which may include, but are not limited to, the Borrower obligated under a HeritageOne Mortgage, Native American Tribe, any tribal entity named in a right of first refusal, BIA and/or the Secretary of the Interior.

(B) Preforeclosure referral account review Within 15 days prior to foreclosure referral, the Servicer must review the Mortgage file to ensure that: ■ The Servicer has made every attempt to achieve quality right party contact in accordance with Section 9102.3 ■ At least one Borrower Solicitation Package or Borrower Solicitation Letter has been sent by the 45th day after the Due Date of an unpaid monthly installment and the response period has expired without an affirmative Borrower response ■ There is neither an approved payment arrangement nor an alternative to foreclosure offer pending for which the Borrower response period has not expired ■ The breach letter (1) has been issued and expired and (2) has been provided to all required parties in accordance with applicable law, which may include, but are not limited to, the Borrower obligated under a HeritageOne Mortgage, Native American Tribe, any tribal entity named in a right of first refusal, the BIA and/or Secretary of the Interior ■ If applicable, any additional required notices or demand letters, with the required time frame for response included, have been provided to appropriate parties in accordance with applicable law, any applicable Freddie Mac HeritageOne memorandum of understanding and the Mortgage documents. Such appropriate parties may include, but are not limited to, the Borrower obligated under a HeritageOne Mortgage, Native American Tribe, any tribal entity named in a right of first refusal, the BIA and/or the Secretary of the Interior. Additionally, the Servicer must confirm the response time frame provided in the notices has expired. 3. Foreclosure Servicing requirements for HeritageOne Mortgages (A) Additional notices post referral Pursuant to applicable law, any applicable Freddie Mac HeritageOne memorandum of understanding and the Mortgage documents, the Servicer must provide any required foreclosure-related notices to the Native American Tribe, and any other required parties, that describe how the Servicer may express its intention to exercise any enforcement rights available to it under applicable law or the Mortgage documents. Upon delivery of the foreclosure-related notices to the required parties, the required parties must give written notice to the Servicer of their intention to exercise any rights available to them under applicable law and the Mortgage documents within the time frame specified by the Servicer. Unless otherwise prohibited per applicable law, if such timely written notice is given to the Servicer, the Servicer may, upon receipt and in accordance with applicable law and the Mortgage documents, suspend foreclosure proceedings to allow the required party(ies) to exercise its rights. If a foreclosure sale date is scheduled, the Servicer may, to the extent possible and in accordance with applicable law, extend the foreclosure sale date. (B) HeritageOne Mortgage foreclosure – State jurisdiction If the State holds jurisdiction in the Mortgage proceedings (e.g., if the Mortgaged Premises is owned in fee simple and located within exterior boundaries of the reservation area) or the applicable tribal court chooses to apply State Mortgage laws and procedures to its foreclosure proceedings, then the Servicer must follow the requirements in Chapter 9301 unless inconsistent with the Servicing requirements provided in this chapter.

(C) HeritageOne Mortgage Foreclosure – tribal jurisdiction If the foreclosure must be conducted through tribal court, the Servicer must follow the requirements in Chapters 9301 and 8901 and all applicable tribal law and tribal court procedures.

(D) Tribal jurisdiction foreclosure Counsel When the foreclosure must be processed through tribal court, the Servicer must refer the foreclosure to Counsel that meets the Firm Minimum Requirements, as specified in Section 9501.2, and is approved to appear in the Native American Tribe’s reservation and applicable tribal courts in accordance with applicable law. In the event that extenuating circumstances cause excessive delays in foreclosure processing on a HeritageOne Mortgage, Servicers are instructed to document the Mortgage file explaining the cause of the delays.