Free Response to Motion - District Court of Colorado - Colorado

Case 1:03-cv-02485-MSK-PAC

Document 345-57

Filed 02/16/2006

Page 1 of 2

EXHIBIT T

Case 1:03-cv-02485-MSK-PAC

Document 345-57

Filed 02/16/2006

Page 2 of 2

¡?(P Î 007
Upon such termination Heartland shall continue to process all mortgage loan applications taken by the Employee for Heartland through the date of such termination.
(b) Upon a termination without cause, any loan that funds within 15 days of the date of such termination shall eamthe Employee a full commission as set forth herein. After such 15 day period and continuing through the 30th day from such termination, the commission normally paid to the Employee will be reduced by one half. After such period no further compensation wil be paid to the Employee. During such period after termination the Employee shall not be the Employer prior to termination in the event that paid for a loan application taken on behalf of
the Employee solicits the same customer for a new loan for a new employer of the Employee.

(c) Subject to applicable law, in the event ofa termination with cause due to fraud in the
origination of a residential mortgage, or misappropriation

of client monies the Employee shall be

paid only for loans which have closed prior to or on the date of such termination with cause.

6. EMPLOYEE=S DUTIES: The Employee agrees to actively engage on a full time mortgage loans to the general public'and to assist in the processing of basis in the origination of each loan application he originates. The Employee further agrees to maintatn current records of
all applications in compliance with applicable state and federal law, to maintain loan files in

compliance with the policies and ptocedures set forth by the Employer, to follow all policies and procedures set forth by the Employer, not to make any representations or commitments on behalf the Employer, and at all times, to uphold the good name and reputation of the Employer, In of the Employer: addition the Employee shall pursuant to the policies and procedures of

a. Arrange and/or attend closing of said Loans; and
b. Collect all monies due and owing to Heartland as a result of each Loan transaction.
c. Take all Loan applications in the name of Hearland and

on behalf of

Heartland.
d. Remain current in issues relating to mortgage originations and investor requirements and to comply with all applicable state licensing requirements and continuing

education requirements of those states in which this Agreement wil be perfonned.
e. Comply with all policies and procedures ofthe Employer which relate to the
verification of hours worked and pre-approved overtime hours.

Int. C Z
,. .

4

T\VTi I\I\=',,~