NovaStar Mortgage Funding Trust, Series 2006-1 Sample Contracts

AMENDED AND RESTATED TRUST AGREEMENT dated as of April 28, 2006 by and among NOVASTAR CERTIFICATES FINANCING CORPORATION as Depositor, and WILMINGTON TRUST COMPANY, as Owner Trustee NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2006-1 Asset- Backed Notes,...
Trust Agreement • May 12th, 2006 • NovaStar Mortgage Funding Trust, Series 2006-1 • Asset-backed securities • Delaware

This AMENDED AND RESTATED TRUST AGREEMENT, dated as of April 28, 2006, is between NOVASTAR CERTIFICATES FINANCING CORPORATION, a Delaware corporation, as depositor (the “Depositor”) and WILMINGTON TRUST COMPANY, a Delaware banking corporation, as owner trustee (the “Owner Trustee”).

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SALE AND SERVICING AGREEMENT dated as of April 1, 2006 by and among NOVASTAR CERTIFICATES FINANCING CORPORATION as Depositor, NOVASTAR MORTGAGE INC., as Sponsor and Servicer, NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2006-1, as Issuing Entity, JPMORGAN...
Sale and Servicing Agreement • May 12th, 2006 • NovaStar Mortgage Funding Trust, Series 2006-1 • Asset-backed securities • New York

SALE AND SERVICING AGREEMENT, dated as of April 1, 2006 (this “Agreement”), by and among NOVASTAR CERTIFICATES FINANCING CORPORATION, a Delaware corporation, as depositor (the “Depositor”), NOVASTAR MORTGAGE INC., a Virginia corporation, as sponsor (the “Sponsor”), NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2006-1, a Delaware statutory trust, as issuing entity (the “Issuing Entity”), NOVASTAR MORTGAGE INC., a Virginia corporation, as servicer (the “Servicer”), JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, a banking association organized under the laws of the United States, as indenture trustee (the “Indenture Trustee”), J.P. MORGAN TRUST COMPANY, NATIONAL ASSOCIATION, as co-trustee (the “Co-Trustee”) and U.S. BANK NATIONAL ASSOCIATION, a banking association organized under the laws of the United States, as custodian (the “Custodian”).

INDENTURE dated as of April 1, 2006 by and among NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2006-1, as Issuing Entity and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION as Indenture Trustee and J.P. MORGAN TRUST COMPANY, NATIONAL ASSOCIATION as Co-Trustee
Indenture • May 12th, 2006 • NovaStar Mortgage Funding Trust, Series 2006-1 • Asset-backed securities • New York

This INDENTURE, dated as of April 1, 2006 (as amended or supplemented from time to time as permitted hereby, this “Indenture”), is between NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2006-1, a Delaware statutory trust (together with its permitted successors and assigns, the “Issuing Entity”), JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, a banking association organized under the laws of the United States, as Indenture Trustee (together with its permitted successors in the trusts hereunder, the “Indenture Trustee”) and J.P. MORGAN TRUST COMPANY, NATIONAL ASSOCIATION, as co-trustee (the “Co-Trustee”).

ISDA® International Swap Dealers Association, Inc. MASTER AGREEMENT dated as of April 28, 2006
Master Agreement • May 12th, 2006 • NovaStar Mortgage Funding Trust, Series 2006-1 • Asset-backed securities • New York

have entered and/or anticipate entering into one of more transactions (each a “Transaction”) that are or will be governed by this Master Agreement, which includes the schedule (the “Schedule”), and the documents and other confirming evidence (each a “Confirmation”) exchanged between the parties confirming those Transactions.

ISDA® International Swaps and Derivatives Association, Inc. NOVATION AGREEMENT dated as of April 28, 2006 among: WACHOVIA BANK, NATIONAL ASSOCIATION (the “Remaining Party”), NOVASTAR CERTIFICATES FINANCING CORPORATION (the “Transferor”) AND NOVASTAR...
Novation Agreement • May 12th, 2006 • NovaStar Mortgage Funding Trust, Series 2006-1 • Asset-backed securities • New York

The Transferor and the Remaining Party have entered into one or more Transactions (each an “Old Transaction”), each evidenced by a Confirmation (an “Old Confirmation”) attached hereto as Exhibit I-A or I-B and subject to a 1992 ISDA Master Agreement dated as of September 15, 2003 (the “Old Agreement”).

AMENDMENT NO. 1 TO THE AMENDED AND RESTATED TRUST AGREEMENT
And Restated Trust Agreement • April 26th, 2007 • NovaStar Mortgage Funding Trust, Series 2006-1 • Asset-backed securities • Delaware

Amendment No. 1, dated as of April 24, 2007 (the “Amendment”), to the Amended and Restated Trust Agreement (the “Agreement”) dated as of April 28, 2006, by and among NovaStar Certificates Financing Corporation, as depositor (the “Depositor”) and Wilmington Trust Company, as owner trustee (the “Owner Trustee”). Capitalized terms used and not defined herein shall have the meaning set forth in the Agreement.

AMENDMENT NO. 1 TO THE SALE AND SERVICING AGREEMENT
Sale and Servicing Agreement • July 5th, 2006 • NovaStar Mortgage Funding Trust, Series 2006-1 • Asset-backed securities • New York

Amendment No. 1, dated as of June 30, 2006 (the “Amendment”), to the Sale and Servicing Agreement (the “Agreement”) dated as of April 1, 2006, by and among NovaStar Certificates Financing Corporation, as depositor (the “Depositor”), NovaStar Mortgage, Inc., as sponsor and servicer (the “Sponsor” or “Servicer”), NovaStar Mortgage Funding Trust, Series 2006-1, as issuing entity (the “Issuing Entity”), U.S. Bank, National Association, as custodian (the “Custodian”), JPMorgan Chase Bank, National Association, as indenture trustee (the “Indenture Trustee”) and J.P. Morgan Trust Company, National Association, as co-trustee (the “Co-Trustee”). Capitalized terms used and not defined herein shall have the meaning set forth in the Agreement and Appendix I thereto.

AMENDMENT NO. 2 TO THE SALE AND SERVICING AGREEMENT
Sale and Servicing Agreement • October 3rd, 2007 • NovaStar Mortgage Funding Trust, Series 2006-1 • Asset-backed securities • New York

Amendment No. 2, dated as of October 1, 2007 (the “Amendment”), to the Sale and Servicing Agreement (the “Agreement”) dated as of April 1, 2006, by and among NovaStar Certificates Financing Corporation, as depositor (the “Depositor”), NovaStar Mortgage, Inc., as sponsor and servicer (the “Sponsor” or “Servicer”), NovaStar Mortgage Funding Trust, Series 2006-1, as issuing entity (the “Issuing Entity”), U.S. Bank National Association, as custodian (the “Custodian”), The Bank of New York (as successor to JPMorgan Chase Bank, National Association), as indenture trustee (the “Indenture Trustee”) and The Bank of New York (as successor to J.P. Morgan Trust Company, National Association), as co-trustee (the “Co-Trustee”). Capitalized terms used and not defined herein shall have the meaning set forth in the Agreement and Appendix I thereto.

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