condemnation of, or occurrence of a casualty loss on, the Mortgaged Property securing any
Mortgage Loan or the acceleration of payments due under any Mortgage Loan by reason of
default may result in prepayment.
Due-on-Sale Provisions.
The Mortgage Loans do not contain due-on-sale clauses restricting
sale or other transfer of the related Mortgaged Property. Any transfer of the Mortgaged Property is
subject to HUD review and approval under the terms of HUDs Regulatory Agreement with the owner,
which is incorporated by reference into the mortgage.
Prepayment Restrictions.
Certain of the Mortgage Loans have lockout provisions that prohibit
voluntary prepayment for a number of years following origination. The Mortgage Loans have remaining
lockout terms that range from approximately 0 to 115 months, with a weighted average remaining
lockout term of approximately 17 months. The enforceability of these lockout provisions under certain
state laws is unclear.
Certain of the Mortgage Loans have a period (a Prepayment Penalty Period) during which voluntary
prepayments must be accompanied by a prepayment penalty equal to a specified percentage of the
principal amount of the Mortgage Loan being prepaid (each, a Prepayment Penalty). Each Prepayment
Penalty Period will follow the termination of the applicable lockout period, or, if no lockout period
applies, the applicable Issue Date. See Characteristics of the Ginnie Mae Multifamily Certificates and the
Related Mortgage Loans in Exhibit A to this Supplement.
Exhibit A to this Supplement sets forth, for each Mortgage Loan, as applicable, a description of the
related Prepayment Penalty, if any, the period during which the Prepayment Penalty applies and the first
month in which the borrower may prepay the Mortgage Loan.
Notwithstanding the foregoing, FHA guidelines require all of the Mortgage Loans to include a
provision that allows FHA to override any lockout and/or Prepayment Penalty provisions if FHA
determines that it is in the best interest of the federal government to allow the mortgagor to refinance or
partially prepay the Mortgage Loan without restrictions or penalties and any such payment will avoid or
mitigate an FHA insurance claim.
Coinsurance.
Certain of the Mortgage Loans may be federally insured under FHA coinsurance
programs that provide for the retention by the mortgage lender of a portion of the mortgage insurance
risk that otherwise would be assumed by FHA under the applicable FHA insurance program. As part of
such coinsurance programs, FHA delegates to mortgage lenders approved by FHA for participation in
such coinsurance programs certain underwriting functions generally performed by FHA. Accordingly,
there can be no assurance that such mortgage loans were underwritten in conformity with FHA
underwriting guidelines applicable to mortgage loans that were solely federally insured or that the
default risk with respect to coinsured mortgage loans is comparable to that of FHA-insured mortgage
loans generally. As a result, there can be no assurance that the likelihood of future default or the rate of
prepayment on coinsured Mortgage Loans will be comparable to that of FHA-insured mortgage loans
generally.
The Trustee Fee
On each Distribution Date, the Trustee will retain a fixed percentage of all principal and interest
distributions received on specified Trust Assets in payment of its fee (the Trustee Fee).
GINNIE MAE GUARANTY
The Government National Mortgage Association (Ginnie Mae), a wholly-owned corporate
instrumentality of the United States of America within HUD, guarantees the timely payment of principal
and interest on the Securities. The General Counsel of HUD has provided an opinion to the effect that
S-11