TRUST AGREEMENT among HMB ACCEPTANCE CORP., as Depositor, [ ], as Owner Trustee and as Securities Administrator Dated as of [ ] HOMEBANC MORTGAGE TRUST [ ] Mortgage Backed NotesTrust Agreement • November 4th, 2005 • HMB Acceptance Corp. • Asset-backed securities • Delaware
], as Trustee POOLING AND SERVICING AGREEMENT Dated as of [ ] HOMEBANC MORTGAGE TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES [ ]Pooling and Servicing Agreement • November 4th, 2005 • HMB Acceptance Corp. • Asset-backed securities • New York
HOMEBANC MORTGAGE TRUST 2005-1, as Issuer HMB ACCEPTANCE CORP., as Depositor WELLS FARGO BANK, N.A., as Securities Administrator and Master Servicer HOMEBANC CORP., as Seller and Servicer and TRANSFER AND SERVICING AGREEMENT Dated as of February 1,...Transfer and Servicing Agreement • March 8th, 2005 • HMB Acceptance Corp. • Asset-backed securities • New York
HOMEBANC CORP.], SELLER and HMB ACCEPTANCE CORP., DEPOSITOR MORTGAGE LOAN PURCHASE AGREEMENT Dated as of [ ] HomeBanc Mortgage Trust [ ] [(Mortgage Pass- Through Certificates, Series [ ])] [(Mortgage Backed Notes)]Mortgage Loan Purchase Agreement • November 4th, 2005 • HMB Acceptance Corp. • Asset-backed securities • New York
ADMINISTRATION AGREEMENT among HOMEBANC MORTGAGE TRUST [ ], as Issuer, as Indenture Trustee, [ ], as Securities Administrator as Owner Trustee and HMB ACCEPTANCE CORP., as Depositor Dated as of [ ]Administration Agreement • November 4th, 2005 • HMB Acceptance Corp. • Asset-backed securities • New York
This Administration Agreement (the “Agreement”) is entered into as of [ ], among HOMEBANC MORTGAGE TRUST [ ], a Delaware statutory trust (the “Issuer”), [ ], not in its individual capacity but solely as indenture trustee (the “Indenture Trustee”), [ ], not in its individual capacity but solely as securities administrator (the “Securities Administrator”), [ ], not in its individual capacity but solely as owner trustee of the Issuer (the “Owner Trustee”), and HMB ACCEPTANCE CORP., as depositor (the “Depositor”).
FORM OF MORTGAGE LOAN PURCHASE AGREEMENTMortgage Loan Purchase Agreement • December 7th, 2004 • HMB Acceptance Corp. • New York
THIS MORTGAGE LOAN PURCHASE AGREEMENT (this “Agreement”), dated as of [ ], between HMB Acceptance Corp., a Delaware corporation (the “Purchaser”), and [HomeBanc Corp.], a [Georgia corporation] (the “Seller”).
FORM OF TRANSFER AND SERVICING AGREEMENT among HOMEBANC [MORTGAGE] [HOME EQUITY] TRUST [ ], as Issuer, [HOMEBANC CORP.], as Servicer, as Master Servicer HMB ACCEPTANCE CORP., as Depositor and as Indenture Trustee and Custodian HOMEBANC [MORTGAGE]...Transfer and Servicing Agreement • December 7th, 2004 • HMB Acceptance Corp. • New York
[The provisions of the Transfer and Servicing Agreement for each series will be modified as applicable, including the addition of provisions for home equity line of credit transactions if applicable. References herein to a master servicer will only be applicable to each series for which a master servicer has been identified.]
INDENTURE between HOMEBANC MORTGAGE TRUST 2005-1, Issuer and Indenture Trustee Dated as of February 1, 2005Indenture • March 8th, 2005 • HMB Acceptance Corp. • Asset-backed securities • New York
FORM OF TRUST AGREEMENT between HMB ACCEPTANCE CORP., Depositor, and Owner Trustee Dated as of [ ]Trust Agreement • December 30th, 2004 • HMB Acceptance Corp. • Asset-backed securities • Delaware
HOMEBANC MORTGAGE TRUST [ ], as Issuer HMB ACCEPTANCE CORP., as Depositor [ ], as Securities Administrator and Master Servicer [HOMEBANC CORP.], as Seller and ServicerTransfer and Servicing Agreement • November 4th, 2005 • HMB Acceptance Corp. • Asset-backed securities • New York
FORM OF ADMINISTRATION AGREEMENT between HOMEBANC [MORTGAGE] [HOME EQUITY] TRUST [ ], Issuer and Administrator Dated as of [ ]Administration Agreement • December 7th, 2004 • HMB Acceptance Corp. • New York
This Administration Agreement (the “Agreement”) is entered into as of [ ], between HomeBanc [Mortgage] [Home Equity] Trust [ ], a [Delaware statutory trust] (the “Issuer”) and [ ], a [ ], not in its individual capacity but as administrator (the “Administrator”).
BEAR STEARNSHMB Acceptance Corp. • March 8th, 2005 • Asset-backed securities • New York
TO: HomeBanc Mortgage Trust 2005-1, by U.S. Bank National Association, not individually but solely as Administrator under the Administration Agreement, dated as of February 1, 2005, on behalf of HomeBanc Mortgage Trust 2005-1, Mortgage-Backed Notes
BEAR STEARNSHMB Acceptance Corp. • March 8th, 2005 • Asset-backed securities • New York
The purpose of this letter agreement ("Agreement") is to confirm the terms and conditions of the Transaction entered into on the Trade Date specified below (the "Transaction") between Bear Stearns Financial Products Inc. ("BSFP") and U.S. Bank National Association, not individually, but solely as Administrator on behalf of HomeBanc Mortgage Trust 2005-1, Mortgage-Backed Notes (“Counterparty”) under the Administration Agreement, dated as of February 1, 2005, among HomeBanc Mortgage Trust 2005-1, a Delaware statutory trust, as Issuer, U.S. Bank National Association, as Administrator and as Indenture Trustee, Wilmington Trust Company, as owner trustee, and HMB Acceptance Corp., as depositor, (the “Administration Agreement”). This Agreement, which evidences a complete and binding agreement between you and us to enter into the Transaction on the terms set forth below, constitutes a "Confirmation" as referred to in the "ISDA Form Master Agreement" (as defined below), as well as a “Schedule”
SUBSERVICING AGREEMENTSubservicing Agreement • November 4th, 2005 • HMB Acceptance Corp. • Asset-backed securities • Georgia
This Subservicing Agreement (this “Agreement”) is made as of [ ] by and between [HOMEBANC CORP.], a [Georgia] corporation (the “Servicer”) and [HOMEBANC MORTGAGE CORPORATION], a [Delaware] corporation (the “Subservicer”). The Servicer and the Subservicer may collectively be referred to herein as the “Parties.”
FORM OF POOLING AND SERVICING AGREEMENT among HMB ACCEPTANCE CORP., as Depositor as Master Servicer, [HOMEBANC CORP.], as Servicer and as Trustee HOMEBANC [MORTGAGE] [HOME EQUITY] TRUST [ ] Dated as of [ ]Pooling and Servicing Agreement • December 7th, 2004 • HMB Acceptance Corp. • New York
FORM OF UNDERWRITING AGREEMENT [The provisions of the Underwriting Agreement for each series will be modified as applicable]Underwriting Agreement • December 7th, 2004 • HMB Acceptance Corp. • New York
HMB Acceptance Corp. (the “Depositor”), a Delaware corporation, has authorized the issuance and sale of HomeBanc [Mortgage] [Home Equity] Trust [[Mortgage] [Asset]-Backed Notes] [[Mortgage] [Asset]-Backed Certificates], Series [ ] (the “Securities”). The Securities are designated as the Class [ ] and Class [ ] [Notes] [Certificates].
