Specialty Mortgage Trust Inc Sample Contracts

Specialty Trust Inc – PARTIES 1 PRELIMINARY STATEMENT 1 GRANTING CLAUSE 1 ARTICLE I DEFINITIONS SECTION 1.01 GENERAL DEFINITIONS 2 ARTICLE II THE NOTES SECTION 2.01 FORMS GENERALLY 11 SECTION 2.02 FORMS OF NOTES AND CERTIFICATE OF AUTHENTICATION 12 SECTION 2.03 NOTES ISSUABLE; PROVISIONS WITH RESPECT TO PRINCIPAL AND INTEREST PAYMENTS 12 SECTION 2.04 DENOMINATIONS 14 SECTION 2.05 EXECUTION, AUTHENTICATION, DELIVERY, CONFIRMATION AND DATING 14 SECTION 2.06 TEMPORARY NOTES 14 SECTION 2.07 REGISTRATION, REGISTRATION OF TRANSFER AND EXCHANGE 15 SECTION 2.08 MUTILATED, DESTROYED, LOST OR STOLEN NOTES 15 SECTION 2.09 PER (July 25th, 2005)

INDENTURE, dated as of July 1, 2005 (as amended or supplemented from time to time as permitted hereby, the “Indenture”), between Specialty Trust, Inc., a Maryland corporation (herein, together with its permitted successors and assigns, called the “Issuer”), and Deutsche Bank National Trust Company, a national banking association, as trustee (together with its permitted successors hereunder, the “Trustee”).

Specialty Trust Inc – AMENDMENT NO. 1 to MASTER LOAN PARTICIPATION AGREEMENT between SPECIALTY FINANCIAL Servicer and SPECIALTY TRUST, INC., (formerly SPECIALTY MORTGAGE TRUST, INC.) Beneficiary (dated as of January 1, 2004) (March 30th, 2004)
Specialty Trust Inc – SECOND AMENDED AND RESTATED MANAGEMENT AGREEMENT (March 30th, 2004)

SECOND AMENDED AND RESTATED MANAGEMENT AGREEMENT, dated as of January 1, 2004, by and among SPECIALTY TRUST, INC. (formerly Specialty Mortgage Trust, Inc.), a Maryland corporation (the “Company”), and SPECIALTY FINANCIAL, a Nevada corporation (the “Manager”), with respect to the following:

Specialty Trust Inc – SECOND AMENDED AND RESTATED MANAGEMENT AGREEMENT (February 10th, 2004)

SECOND AMENDED AND RESTATED MANAGEMENT AGREEMENT, dated as of January 1, 2004, by and among SPECIALTY TRUST, INC. (formerly Specialty Mortgage Trust, Inc.), a Maryland corporation (the “Company”), and SPECIALTY FINANCIAL, a Nevada corporation (the “Manager”), with respect to the following:

Specialty Trust Inc – SUPPLEMENT NO. 2 TO THE INDENTURE (July 28th, 2003)

EXHIBIT 4.1b SUPPLEMENT NO. 2 TO THE INDENTURE dated as of July [ ], 2003 between SPECIALTY TRUST, INC., formerly known as Specialty Mortgage Trust, Inc., as Issuer and DEUTSCHE BANK NATIONAL TRUST COMPANY, formerly known as Bankers Trust Company of California, N.A., as Trustee SUPPLEMENT NO. 2 to the iNDENTURE dated as of July [ ], 2003 ("Supplemental Indenture No. 2") between SPECIALTY TRUST, INC., formerly known as Specialty Mortgage Trust, Inc. (the "Issuer"), and DEUTSCHE BANK NATIONAL TRUST COMPANY, formerly known as Bankers Trust Company of California, N.A., a national banking association, as trustee (the "Trustee

Specialty Mortgage Trust Inc – SUPPLEMENT NO. 1 TO THE INDENTURE (April 25th, 2002)

EXHIBIT 4.1a SUPPLEMENT NO. 1 TO THE INDENTURE dated as of _____, 2002 between SPECIALTY MORTGAGE TRUST, INC., as Issuer and DEUTSCHE BANK NATIONAL TRUST COMPANY, formerly known as Bankers Trust Company of California, N.A., as Trustee SUPPLEMENT NO. 1 TO THE INDENTURE dated as of _____, 2002 ("Supplemental Indenture") between SPECIALTY MORTGAGE TRUST, INC. (the "Issuer"), and DEUTSCHE BANK NATIONAL TRUST COMPANY, formerly known as Bankers Trust Company of California, N.A., a national banking association, as trustee (the "Trustee"), to the Indenture dated as of January 1, 2001, by and between the Issuer and the Trustee (the "Indenture"). WHEREAS, Section 9.01 of the Indent

Specialty Mortgage Trust Inc – AMENDED AND RESTATED MANAGEMENT AGREEMENT (November 14th, 2001)

Exhibit 10.1a FIRST AMENDMENT TO AMENDED AND RESTATED MANAGEMENT AGREEMENT FIRST AMENDMENT, dated as of May 22, 2001 (the "First Amendment"), to AMENDED AND RESTATED MANAGEMENT AGREEMENT, dated as of May 19, 2000 (the "Amended and Restated Agreement"), by and among SPECIALTY MORTGAGE TRUST INC., a Maryland corporation (the "Company"), and SPECIALTY FINANCIAL, a Nevada corporation (formerly Gonzo Financial) (the "Manager"), with respect to the following: WITNESSETH: WHEREAS, the Company invests in mortgage loans and qualifies for the tax benefits accorded by Sections 856 and 860 of the Internal Revenue Code of 1986, as amended; and WHEREAS, the Company has retained the Manager to manage the investments of the Company and to perform certain administrative services for the Company in the manner and on the terms set forth in the Amended and Restated Agreement; and WHEREAS, the Company and the Man

Specialty Mortgage Trust Inc – AMENDED AND RESTATED MANAGEMENT AGREEMENT (August 14th, 2001)

1 EXHIBIT 10.1a FIRST AMENDMENT TO AMENDED AND RESTATED MANAGEMENT AGREEMENT FIRST AMENDMENT, dated as of May 22, 2001 (the "First Amendment"), to AMENDED AND RESTATED MANAGEMENT AGREEMENT, dated as of May 19, 2000 (the "Amended and Restated Agreement"), by and among SPECIALTY MORTGAGE TRUST, INC., a Maryland corporation (the "Company"), and SPECIALTY FINANCIAL, a Nevada corporation (formerly Gonzo Financial) (the "Manager"), with respect to the following: W I T N E S S E T H: WHEREAS, the Company invests in mortgage loans and qualifies for the tax benefits accorded by Sections 856 and 860 of the Internal Revenue Code of 1986, as amended; and WHEREAS, the Company has retained the Manager to manage the investments of the Company and to perform certain administrative services for the Company in the manner and on

Specialty Mortgage Trust Inc – INDENTURE (February 2nd, 2001)

1 EXHIBIT 4 Execution Copy SPECIALTY MORTGAGE TRUST, INC., Issuer and BANKERS TRUST COMPANY OF CALIFORNIA, N.A. Trustee INDENTURE Dated as of January 1, 2001 Related to SPECIALTY MORTGAGE TRUST, INC. COLLATERALIZED INVESTMENT NOTES 2 TABLE OF CONTENTS PARTIES .......................................................................................... 1 PRELIMINARY STATEMENT...............

Specialty Mortgage Trust Inc – INDENTURE (January 16th, 2001)

1 EXHIBIT 4.1 SPECIALTY MORTGAGE TRUST, INC., Issuer and BANKERS TRUST COMPANY OF CALIFORNIA, N.A. Trustee INDENTURE Dated as of January 1, 2001 Related to SPECIALTY MORTGAGE TRUST, INC. COLLATERALIZED INVESTMENT NOTES 2 TABLE OF CONTENTS PARTIES ..............................................................................1 PRELIMINARY STATEMENT.................................................................1 GRANTING CLAUSE ....................................................

Specialty Mortgage Trust Inc – INDENTURE (December 26th, 2000)

1 EXHIBIT 4.1 SPECIALTY MORTGAGE TRUST, INC., Issuer and BANKERS TRUST COMPANY OF CALIFORNIA, N.A. Trustee INDENTURE Dated as of January 1, 2001 Related to SPECIALTY MORTGAGE TRUST, INC. COLLATERALIZED INVESTMENT NOTES 2 TABLE OF CONTENTS PARTIES ..............................................................................1 PRELIMINARY STATEMENT.................................................................1 GRANTING CLAUSE ....................................................

Specialty Mortgage Trust Inc – SPECIALTY MORTGAGE TRUST, INC. (October 31st, 2000)

1 EXHIBIT 4.2 SPECIALTY MORTGAGE TRUST, INC. COLLATERALIZED INVESTMENT NOTES INVESTMENT APPLICATION INDICATE TERM OF YOUR INVESTMENT Enclosed is my check for the purchase of a Specialty Mortgage Trust, Inc. collateralized investment note(s). I have received the Specialty Mortgage Trust, Inc. prospectus and I am a bona-fide resident of the state listed below. Call or write Specialty Mortgage Trust, Inc. if you want another prospectus. Minimum investment is $25,000. Please invest my check in the amount of $_______________ as follows: $____ 1 month $____ 2 months $____ 4 months $____ 6 months $____ 9 months $____ 12 months INTEREST PAYMENT OPTION Please check one of the following interest payment options: ____ Compound interest monthly and pay at maturity. If no interest op

Specialty Mortgage Trust Inc – INDENTURE (October 31st, 2000)

1 EXHIBIT 4.1 SPECIALTY MORTGAGE TRUST, INC., Issuer and BANKERS TRUST COMPANY OF CALIFORNIA, N.A. Trustee INDENTURE Dated as of _____________ Related to SPECIALTY MORTGAGE TRUST, INC. COLLATERALIZED INVESTMENT NOTES 2 TABLE OF CONTENTS PARTIES .................................................................. 1 PRELIMINARY STATEMENT .................................................... 1 GRANTING CLAUSE .......................................................... 1

Specialty Mortgage Trust Inc – SERVICING AGREEMENT (August 30th, 2000)

1 EXHIBIT 10.2 MASTER LOAN PARTICIPATION AND SERVICING AGREEMENT This Master Loan Participation and Servicing Agreement (the "Agreement") is entered into by and among Specialty Mortgage Trust, Inc., a Maryland corporation, (Beneficiary") and Gonzo Financial, Inc. a Nevada corporation ("Gonzo"), with reference to the following facts: A. Beneficiary desires that Gonzo service certain real estate and other loans (the "Loans") evidenced by various loan documents (the "Loan Documents"), which may include, without limitation, promissory notes (the "Notes"), secured by security agreements and deeds of trust (the "Deed of Trust") encumbering certain real property and other collateral (the "Collateral"). B. The parties hereto desire to set forth the terms and conditions for the servicing of the Loans by Gonzo. Based upon the fore

Specialty Mortgage Trust Inc – AMENDED AND RESTATED MANAGEMENT AGREEMENT (August 30th, 2000)

1 EXHIBIT 10.1 AMENDED AND RESTATED MANAGEMENT AGREEMENT AMENDED AND RESTATED MANAGEMENT AGREEMENT, dated as of May 19, 2000, by and among SPECIALTY MORTGAGE TRUST, INC., a Maryland corporation (the "Company"), and GONZO FINANCIAL, INC., a Nevada corporation (the "Manager"), with respect to the following: WITNESSETH: WHEREAS, the Company intends to invest in mortgage loans and expects to continue to qualify for the tax benefits accorded by Sections 856 through 860 of the Internal Revenue Code of 1986, as amended; and WHEREAS, the Company desires to retain the Manager to manage the investments of the Company and to perform certain administrative services for the Company in the manner and on the terms set forth herein; NOW, THEREFORE, in consideration of the mutual agreements herein set forth, the parties hereto agree as foll