Form 988SF- HFA Certificate of Incumbency for Housing Finance Authority

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Emory Dickerson
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Form 988SF- HFA Certificate of Incumbency for Housing Finance Authority (See Form 988SF- HFA Completion Instructions Below) I,, do hereby certify to the Federal Home Loan Mortgage Corporation (

1 Form 988SF- HFA Certificate of Incumbency for Housing Finance Authority (See Form 988SF- HFA Completion Instructions Below) I,, do hereby certify to the Federal Home Loan Mortgage Corporation ( Freddie Mac ) that: (i) I am the duly appointed and acting (Select One): [ ] Board Chair [ ] Executive Director [ ] Chief Financial Officer or [ ] Other: of ( a Housing Finance Authority or HFA ), (ii) I am duly authorized by the HFA to execute and deliver this certificate of incumbency to Freddie Mac, (iii) the HFA is a public body, instrumentality or agency empowered by a State, county or local municipality to finance activities designed to provide affordable housing for low- to moderate-income Borrowers and first-time homeowners in areas within its jurisdiction, and (iv) the HFA is organized and existing under the laws of, and (v) I further certify as follows: 1. Attached as Exhibit A hereto, is a copy of a resolution of the Board of Directors or other governing body (collectively, Governing Body ) of the HFA dated, 20 (the Resolution ) that remains in full force and effect and has not been amended, and which duly authorizes and empowers the HFA s employees that are listed by name and title in paragraph numbered 2 below ( Authorized Employees ) to provide Freddie Mac with instructions (or modifications to previous instructions) to transfer funds (cash or securities) by wire transfer, Automated Clearing House (ACH) or other Freddie Mac designated transfer system, in connection with the sale of Mortgages to Freddie Mac by the HFA. 2. The *Authorized Employees identified and set forth below: (a) hold the titles with the HFA set forth directly across from their names, (b) are duly authorized to execute any and all paper Records or Electronic Records that are required by Freddie Mac to effectuate the authority set forth in paragraph numbered 1 above, by: (i) affixing their original handwritten signatures to such paper Records, (ii) attaching their Electronic Signatures to Electronic Records, or (iii) logically associating their Electronic Signatures with such Electronic Records, and (c) are duly authorized to deliver the executed paper Records and/or Electronic Records to Freddie Mac: * HFA must identify and list at least two Authorized Employees above Freddie Mac Page 1 Form 988SF HFA

2 3. The specimen signature set forth directly across from each Authorized Employee s name and title in paragraph numbered 2 above is: (i) the true and genuine handwritten signature of each such Authorized Employee or (ii) an Electronic copy or representation of the true and genuine handwritten signature, the Electronic Signature, of each such Authorized Employee. 4. Freddie Mac may conclusively rely on the accuracy, genuineness, good faith, validity, effectiveness and enforceability of any paper Record or Electronic Record provided to Freddie Mac bearing the handwritten signature or Electronic Signature of an Authorized Employee. 5. If a completed, signed and notarized Form 988ASF- HFA is attached to or logically associated with this Form 988SF-HFA by the HFA to add Authorized Employees to the Form 988SF-HFA, such Form 988ASF-HFA is hereby incorporated herein by this reference and made a part hereof. The Authorized Employees, listed in the Form 988ASF-HFA, have the same power and authority to provide Freddie Mac with wire transfer or ACH instructions as the Authorized Employees in this Form 988SF-HFA. 6. The HFA consents to its Authorized Employees engaging in and conducting Electronic Transactions with Freddie Mac in connection with providing Freddie Mac with wire transfer or ACH instructions. 7. The HFA acknowledges and agrees that capitalized terms used herein, that are not otherwise defined herein, shall have the meanings ascribed to such terms in the Freddie Mac Single-Family Seller/Servicer Guide, to which the HFA has ready access. 8. The information set forth in this Certificate of Incumbency is true and correct and Freddie Mac may conclusively rely upon this Certificate of Incumbency and any addendum or Resolution attached hereto (or logically associated herewith) that is delivered by HFA to Freddie Mac, until such time as: (i) the HFA delivers a replacement Form 988SF-HFA and (ii) such replacement Form 988SF-HFA is expressly accepted by Freddie Mac as complete and compliant with Freddie Mac requirements. I acknowledge, agree and certify that: (i) I am duly authorized to execute this Form 988SF-HFA and (ii) HFA s delivery and Freddie Mac s receipt of a paper or Electronic copy of this Form 988SF-HFA, with a copy or representation of my original handwritten signature affixed hereto or my Electronic Signature attached hereto or logically associated herewith, is as valid, effective and enforceable as HFA s delivery and Freddie Mac s receipt of a paper Form 988SF-HFA with my original handwritten signature affixed thereto. IN WITNESS WHEREOF, I have subscribed my name this day of, 20. HFA Legal Name: By: (Signer s Signature) Signer s Name: Signer s Title: State of ) ) County of ) Notary Acknowledgment The foregoing instrument was signed or acknowledged before me, a Notary Public, on this day of, 20, by a of. (Type/Print Signer s Full Name) (Type/Print Signer s Title) (Type/Print HFA s Complete Legal Name) Notary Public Signature: Notary Public Printed Name: (NOTARY SEAL) Commission Expires: / / Notary Public State Registration Number: Please retain a copy for your records. See Form 988SF-HFA Completion Instructions on the next page Freddie Mac Page 2 Form 988SF HFA

3 Form 988SF-HFA Completion Instructions: This Form 988SF-HFA must be completed, signed, notarized and delivered to Freddie Mac together with a copy of the HFA s Governing Body resolution that authorizes certain HFA employees to give Freddie Mac wire transfer or ACH instructions. Consult your legal counsel when completing this Form. 1. Opening Paragraph: Type/print the full name of HFA s Chair, Executive Director, Chief Financial Officer, or Other: (insert other authorized title), as applicable, on the first line of the opening unnumbered paragraph of the Form 988SF-HFA.The person must be duly authorized by the HFA to execute and deliver the Form 988SF-HFA to Freddie Mac. 2. Opening Paragraph: Type/print an X in the applicable box preceding the title of the employee signing the Form 988SF-HFA. The signer must have one of these titles: Chair, Executive Director, Chief Financial Officer or Other: (insert authorized title). 3. Opening Paragraph: Type/print the HFA s complete legal name. 4. Opening Paragraph: Type/print the name of the State, county or municipality under which the HFA is organized and exists. 5. Paragraph Numbered #1: Type/print the date that the Governing Body adopted or consented to the Resolution. 6. Paragraph Numbered #2: Type/print the name, title, telephone number and address of each Authorized Employee. Each Authorized Employee must sign his/her signature with a pen and ink in the space below the caption titled Signature. 7. Execution: Type/print the date that the Form 988SF-HFA is signed. 8. Execution: Type/print the HFA s complete legal name on the line above the signature line. 9. Execution: The signer must sign with pen and ink on the signature line immediately below the HFA s typed/printed name. 10. Execution: Type/print the full name of the signer of the Form 988SF-HFA, on the line below the signature line. 11. Execution: Type/print the title of: Chair, Executive Director, Chief Financial Officer or Other: (insert authorized title), as applicable, on the line below the typed/printed name of the signer of the Form 988SF-HFA. 12. Notarization: Type/print the name of the State and county in which the Notary Public is commissioned at the top left of the Notary Acknowledgment. 13. Notarization: Type/print the date that the signer signs or acknowledges signing before the Notary Public. 14. Notarization: Type/print the full name and title of the signer of the Form 988SF-HFA, and the HFA s complete legal name on the lines below the signature line. 15. Notarization: The Notary Public must sign with pen and ink and then type/print his/her full name, commission expiration date and registration/commission number, as applicable, and place his or her notary seal, if applicable, on the Form 988SF-HFA. 16. Notarization: The notary acknowledgment language may be changed as necessary to comply with applicable law. 17. Addenda: For more than six (6) Authorized Employees, complete, sign and notarize one or more Forms 988ASF-HFA and attach or logically associate them to (or with) this Form 988SF-HFA. Mail Form 988SF-HFA to: Freddie Mac 8250 Jones Branch Drive McLean, VA ATTN: Counterparty Authorization Portable Document Format (PDF) to: counterparty_authorization@freddiemac.com Freddie Mac Page 3 Form 988SF HFA

4 [#1 - INSERT EXHIBIT A] RESOLUTION OF THE [#2BOARD OF DIRECTORS or other Governing Body Name] OF [#3 - INSERT HFA S COMPLETE LEGAL NAME] [#4- DATE: ] WHEREAS, the [#2 INSERT Board of Directors or other Governing Body Name] of [#3 - INSERT HFA S COMPLETE LEGAL NAME] is adopting the following resolution ( Resolution ) to delegate authority to employees of [#3 INSERT HFA S COMPLETE LEGAL NAME], with certain HFA employee titles (or names & titles), to provide wire transfer or Automated Clearing House (ACH) instructions (or modifications to previously provided instructions) to the Federal Home Loan Mortgage Corporation ( Freddie Mac ) to transfer funds (cash or securities) in connection with the sale of Mortgages to Freddie Mac by [#3 INSERT HFA S COMPLETE LEGAL NAME]. NOW, THEREFORE, BE IT RESOLVED that the titles or names & titles of employees who have the titles (or names & titles) set forth below ( Authorized Employees ), are duly authorized and empowered by the [#2 Board of Directors or other Governing Body Name] to individually and singularly provide Freddie Mac with wire transfer or ACH instructions to transfer funds (cash or securities) by wire transfer, ACH or other funds transfer system expressly approved and designated by Freddie Mac in connection with the sale of mortgages to Freddie Mac by [#3 INSERT HFA S COMPLETE LEGAL NAME]. Authorized Employees: [#5 INSERT TITLES (OR NAMES & TITLES) OF ATHORIZED EMPLOYEES] BE IT FURTHER RESOLVED that the Authorized Employees are duly authorized individually and singularly to: (a) execute any and all paper Records and/or Electronic Records required by Freddie Mac to effectuate the authority set forth in this Resolution by: (i) affixing their original written signatures to paper Records, (ii) attaching their Electronic Signatures to Electronic Records, or (iii) associating their Electronic Signatures with Electronic Records, which contain or communicate wire transfer or ACH instructions (or modify previously provided instructions) to transfer funds (cash and/or securities) by wire transfer, ACH or other funds transfer system expressly approved by and designated by Freddie Mac, and (b) deliver any and all executed paper Records and/or Electronic Records to Freddie Mac as required. BE IT FURTHER RESOLVED that the Authorized Employees are duly authorized and empowered to singularly and individually engage in and conduct Electronic Transactions with Freddie Mac and use electronic means, electronic systems, Electronic Records and Electronic Signatures on behalf of [#3 - INSERT HFA S COMPLETE LEGAL NAME] to effectuate the authority set forth in this Resolution. Any such actions set forth above heretofore taken by any of the Authorized Employees on behalf of [#3 - INSERT HFA S COMPLETE LEGAL NAME] are hereby ratified, approved, and confirmed. Freddie Mac Page 4 Form 988SF HFA

5 INSTRUCTIONS: FREDDIE MAC FORM OF RESOLUTION FOR A HOUSING FINANCE AUTHORITY (HFA) You should consult with your legal counsel when preparing this Resolution. 1. Insert Exhibit A at the top of the certified copy of the Resolution. 2 Insert Board of Directors or other Governing Body Name 3. Insert HFA s complete legal name (examples: ABC Housing Finance Agency or XYZ Housing Finance Authority, etc.) 4. Insert the date the Resolution was adopted or consented to by the HFA s Board of Directors or other Governing Body. 5. Insert the Authorized Employees Titles (or names& titles) in the blank lines provided. (see examples below): Senior Vice President Sam Smith, Assistant Vice President Mary Jones, Director The language in the Form of Resolution may be changed if necessary to comply with applicable laws, regulations and/or rules. If the HFA wishes to use its own form of Resolution, the HFA may send a copy to Freddie Mac to pre-view to determine if it is an acceptable substitute for Freddie Mac s form of Resolution. Freddie Mac Page 5 Form 988SF HFA

Secretary s Certificate (General)

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