New York Mortgage Trust Inc Sample Contracts

among THE NEW YORK MORTGAGE COMPANY, LLC, as Depositor
Trust Agreement • September 6th, 2005 • New York Mortgage Trust Inc • Real estate investment trusts • Delaware
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Exhibit 1.1 NEW YORK MORTGAGE TRUST, INC. SHARES OF COMMON STOCK UNDERWRITING AGREEMENT
Underwriting Agreement • June 25th, 2004 • New York Mortgage Trust Inc • Real estate investment trusts • New York
FIFTH AMENDMENT CREDIT NOTE
New York Mortgage Trust Inc • December 31st, 2003 • New York

FOR VALUE RECEIVED, the undersigned, THE NEW YORK MORTGAGE COMPANY LLC, a limited liability company organized under the laws of the State of New York, whose address is 304 Park Avenue South, New York, New York 10010 (the "Company"), promises to pay to the order of HSBC BANK USA, a banking corporation organized under the laws of the State of New York, whose address is c/o Mortgage Warehouse Lending Department, One HSBC Center, 27th Floor, Buffalo, New York 14203 ("HSBC") on or before August 31, 2002, or such earlier date as is provided for in the Credit Agreement as hereinafter defined ("Maturity Date"), in lawful money of the United States of America, the principal sum of FORTY MILLION DOLLARS ($40,000,000.00), or the aggregate unpaid principal amount of all advances by HSBC to the Company pursuant to the Credit and Security Agreement between HSBC and the Company dated as of March 30, 2001, as amended by First Amended Credit and Security Agreement dated as of May 24, 2001, Second Amend

BY AND AMONG
Contribution Agreement • May 4th, 2004 • New York Mortgage Trust Inc • Real estate investment trusts • New York
September 11, 2002 The New York Mortgage Company LLC Attention: Steven Schnall, President 304 Park Avenue South New York, NY 10010 Re: Credit and Security Agreement between HSBC Bank USA ("HSBC") and The New York Mortgage Company LLC ("Company") dated...
New York Mortgage Trust Inc • December 31st, 2003

This confirms HSBC's agreement to extend the scheduled maturity date of the Note and term of the Credit Agreement to October 31, 2002.

AND
Credit and Security Agreement • March 31st, 2005 • New York Mortgage Trust Inc • Real estate investment trusts • New York
SECOND AMENDED GUARANTY STEVEN SCHNALL
New York Mortgage Trust Inc • February 13th, 2004 • Real estate investment trusts

This Guaranty is, and is intended to be, a continuing guaranty of the payment of the Indebtedness (irrespective of the aggregate amount thereof) independent of and in addition to any other guaranty, indorsement or collateral held by Secured Party therefor whether or not furnished by the undersigned. The undersigned shall have no right of subrogation with respect to any payments made by the undersigned hereunder until all of the Indebtedness is paid in full.

Exhibit 4.1 JUNIOR SUBORDINATED INDENTURE
New York Mortgage Trust Inc • September 6th, 2005 • Real estate investment trusts • New York
INDEMNIFICATION AGREEMENT
Indemnification Agreement • April 23rd, 2020 • New York Mortgage Trust Inc • Real estate investment trusts • Maryland

THIS INDEMNIFICATION AGREEMENT (“Agreement”) is made and entered into as of the _____ day of _________, 20__, by and between New York Mortgage Trust, Inc., a Maryland corporation (the “Company”), and ________________________ (“Indemnitee”).

CREDIT NOTE
New York Mortgage Trust Inc • December 31st, 2003 • New York

FOR VALUE RECEIVED, the undersigned, THE NEW YORK MORTGAGE COMPANY LLC, a limited liability company organized under the laws of the State of New York, whose address is 304 Park Avenue South, New York, New York 10010 (the "Company"), promises to pay to the order of HSBC BANK USA, a banking corporation organized under the laws of the State of New York, whose address is c/o Mortgage Warehouse Lending Department, One HSBC Center, 27th Floor, Buffalo, New York 14203 ("HSBC") on or before 364 days from the date hereof, or such earlier date as is provided for in the Credit Agreement as hereinafter defined ("Maturity Date"), in lawful money of the United States of America, the principal sum of FIFTEEN MILLION DOLLARS ($15,000,000.00), or the aggregate unpaid principal amount of all advances by HSBC to the Company pursuant to the Credit and Security Agreement between HSBC and the Company dated as of even date herewith (the "Credit Agreement"), plus interest thereon from the date hereof, as foll

GUARANTY
Guaranty • March 26th, 2004 • New York Mortgage Trust Inc • Real estate investment trusts • New York
AGREEMENT BY AND AMONG
Agreement • February 13th, 2004 • New York Mortgage Trust Inc • Real estate investment trusts • New York
FOURTH AMENDED GUARANTY STEVEN SCHNALL
New York Mortgage Trust Inc • February 13th, 2004 • Real estate investment trusts • New York

This Guaranty is, and is intended to be, a continuing guaranty of the payment of the Indebtedness (irrespective of the aggregate amount thereof) independent of and in addition to any other guaranty, indorsement or collateral held by Secured Party therefor whether or not furnished by the undersigned. The undersigned shall have no right of subrogation with respect to any payments made by the undersigned hereunder until all of the Indebtedness is paid in full.

and
Custodial Agreement • February 13th, 2004 • New York Mortgage Trust Inc • Real estate investment trusts • New York
HSBC BANK USA AND
New York Mortgage Trust Inc • February 13th, 2004 • Real estate investment trusts • New York

This Guaranty is, and is intended to be, a continuing guaranty of the payment of the Indebtedness (irrespective of the aggregate amount thereof) independent of and in addition to any other guaranty, indorsement or collateral held by Secured Party therefor whether or not furnished by the undersigned. The undersigned shall have no right of subrogation with respect to any payments made by the undersigned hereunder until all of the Indebtedness is paid in full.

HSBC BANK USA AND
New York Mortgage Trust Inc • December 31st, 2003 • New York

FOR VALUE RECEIVED, the undersigned, THE NEW YORK MORTGAGE COMPANY LLC, a limited liability company organized under the laws of the State of New York, whose address is 304 Park Avenue South, New York, New York 10010 (the "Company"), promises to pay to the order of HSBC BANK USA, a banking corporation organized under the laws of the State of New York, whose address is c/o Mortgage Warehouse Lending Department, One HSBC Center, 27th Floor, Buffalo, New York 14203 ("HSBC") on or before February 25, 2002, or such earlier date as is provided for in the Credit Agreement as hereinafter defined ("Maturity Date"), in lawful money of the United States of America, the principal sum of TWENTY MILLION DOLLARS (20,000,000.00), or the aggregate unpaid principal amount of all advances by HSBC to the Company pursuant to the Credit and Security Agreement between HSBC and the Company dated as of March 30, 2001, as amended by First Amended Credit and Security Agreement dated as of even date herewith (toge

AS BORROWER
Master Loan and Security Agreement • March 31st, 2005 • New York Mortgage Trust Inc • Real estate investment trusts • New York
JUNIOR SUBORDINATED INDENTURE between The New York Mortgage Company, LLC and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as Trustee Dated as of March 15, 2005
New York Mortgage Trust Inc • August 9th, 2012 • Real estate investment trusts • New York

Junior Subordinated Indenture, dated as of March 15,2005, between The New York Mortgage Company, LLC a Limited Liability Company corporation (the “Company”), and JPMorgan Chase Bank, National Association, a New York banking corporation, as Trustee (in such capacity, the “Trustee”).

Exhibit 1.01 NEW YORK MORTGAGE TRUST, INC. SHARES OF COMMON STOCK UNDERWRITING AGREEMENT
New York Mortgage Trust Inc • June 18th, 2004 • Real estate investment trusts • New York
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WITNESSETH:
Loan Documents • December 31st, 2003 • New York Mortgage Trust Inc • Kentucky
New York Mortgage Trust, Inc. Up to $100,000,000 Shares of Common Stock EQUITY DISTRIBUTION AGREEMENT Dated: August 10, 2021
Equity Distribution Agreement • August 11th, 2021 • New York Mortgage Trust Inc • Real estate investment trusts • New York
HSBC BANK USA AND
New York Mortgage Trust Inc • December 31st, 2003 • New York

MANDATORY PRINCIPAL REDUCTION: The Company agrees to pay to HSBC on February 15, 2002, the amount by which the principal balance hereof exceeds THIRTY MILLION DOLLARS ($30,000,000.00). After February 15, 2002, no advances hereon which cause the principal balance to exceed THIRTY MILLION DOLLARS ($30,000,000.00) will be available.

FOURTH AMENDED GUARANTY JOSEPH V. FIERRO
New York Mortgage Trust Inc • February 13th, 2004 • Real estate investment trusts • New York

This Guaranty is, and is intended to be, a continuing guaranty of the payment of the Indebtedness (irrespective of the aggregate amount thereof) independent of and in addition to any other guaranty, indorsement or collateral held by Secured Party therefor whether or not furnished by the undersigned. The undersigned shall have no right of subrogation with respect to any payments made by the undersigned hereunder until all of the Indebtedness is paid in full.

THE NEW YORK MORTGAGE COMPANY, LLC NEW YORK MORTGAGE TRUST, INC. NYM PREFERRED TRUST II
Purchase Agreement • September 6th, 2005 • New York Mortgage Trust Inc • Real estate investment trusts • New York
BY AND AMONG
And Restated Agreement • May 4th, 2004 • New York Mortgage Trust Inc • Real estate investment trusts • New York
EXHIBIT 10.77 MASTER MORTGAGE LOAN PURCHASE AND INTERIM SERVICING AGREEMENT
Interim Servicing Agreement • February 13th, 2004 • New York Mortgage Trust Inc • Real estate investment trusts • New York
DAVID A. AKRE
Employment Agreement • June 18th, 2004 • New York Mortgage Trust Inc • Real estate investment trusts • New York
NEW YORK MORTGAGE TRUST, INC. 3,000,000 Shares of 7.000% Series G Cumulative Redeemable Preferred Stock UNDERWRITING AGREEMENT
New York Mortgage Trust Inc • November 23rd, 2021 • Real estate investment trusts • New York

New York Mortgage Trust, Inc., a Maryland corporation (the “Company”), proposes to issue and sell, subject to the conditions hereinafter stated, to the several Underwriters named in Schedule I attached hereto (the “Underwriters”) an aggregate of 3,000,000 shares (the “Firm Securities”) of its 7.000% Series G Cumulative Redeemable Preferred Stock, liquidation preference $25.00 per share (the “Series G Stock”), a series of the Company’s preferred stock, $0.01 par value per share (“Preferred Stock”), pursuant to and in accordance with the terms and conditions of this underwriting agreement (this “Agreement”) in connection with the public offering (the “Offering”) and sale of such Firm Securities.

NEW YORK MORTGAGE TRUST, INC. 10,000,000 Shares of Common Stock1 UNDERWRITING AGREEMENT
Underwriting Agreement • August 21st, 2012 • New York Mortgage Trust Inc • Real estate investment trusts • New York

New York Mortgage Trust, Inc., a Maryland corporation (the "Company"), proposes to issue and sell, subject to the conditions hereinafter stated, to the several Underwriters named in Schedule I attached hereto (the "Underwriters") an aggregate of 10,000,000 shares (the "Firm Securities") of its common stock, $0.01 par value per share ("Common Stock"), pursuant to and in accordance with the terms and conditions of this underwriting agreement (this "Agreement") in connection with the public offering (the "Offering") and sale of such Firm Securities.

SUBORDINATION AND PLEDGE AGREEMENT ____________________________________________ ____________________________________
And Pledge Agreement • February 13th, 2004 • New York Mortgage Trust Inc • Real estate investment trusts • New York
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