Thornburg Mortgage Securities Trust 2004-4 Sample Contracts

Thornburg Mortgage Securities Trust 2004-4 – STRUCTURED ASSET MORTGAGE INVESTMENTS II INC. Thornburg Mortgage Securities Trust 2004-4 Mortgage Pass-Through Certificates, Series 2004-4 TERMS AGREEMENT (January 7th, 2005)

Class Designation Schedule of the Certificates: Class I-A, Class I-AX, Class II-A, Class II-AX, Class III-A, Class III-AX, Class IV-A, Class IV-AX, Class V-A, Class V-AX, Class B-1, Class B-2, Class B-3, Class R-I and Class R-II Certificates

Thornburg Mortgage Securities Trust 2004-4 – ASSIGNMENT, ASSUMPTION AND RECOGNITION AGREEMENT (January 7th, 2005)

THIS ASSIGNMENT, ASSUMPTION AND RECOGNITION AGREEMENT (this “Assignment”), dated as of December 1, 2004, is entered into by and among THORNBURG MORTGAGE SECURITIES TRUST 2004-4 (the “Assignee”), THORNBURG MORTGAGE HOME LOANS, INC., a Delaware corporation (the “Assignor”), BISHOP’S GATE RESIDENTIAL MORTGAGE TRUST (formerly known as Cendant Residential Mortgage Trust, and together with, CENDANT MORTGAGE CORPORATION, the “Sellers” and individually, each a “Seller”), and CENDANT MORTGAGE CORPORATION, as servicer (the “Servicer”), and acknowledged by WELLS FARGO BANK, N.A., as master servicer, or any successor acting in the capacity of master servicer (the “Master Servicer”) and DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee (the “Trustee”).

Thornburg Mortgage Securities Trust 2004-4 – MORTGAGE LOAN PURCHASE AGREEMENT between THORNBURG MORTGAGE HOME LOANS, INC. as Seller and STRUCTURED ASSET MORTGAGE INVESTMENTS II INC. as Purchaser Dated as of December 1, 2004 (January 7th, 2005)
Thornburg Mortgage Securities Trust 2004-4 – STRUCTURED ASSET MORTGAGE INVESTMENTS II INC., Depositor DEUTSCHE BANK NATIONAL TRUST COMPANY, Trustee DEUTSCHE BANK TRUST COMPANY DELAWARE, Delaware Trustee WELLS FARGO BANK, N.A., Master Servicer WELLS FARGO BANK, N.A., Securities Administrator and THORNBURG MORTGAGE HOME LOANS, INC. (January 7th, 2005)

Section 1A.01. Section 1A.02. Section 1A.03. Section 1A.04. Section 1A.05. Section 1A.06. Section 1A.07. Section 1A.08. Section 1A.09. Name of Trust Office Declaration of Trust Purpose and Powers Liability of the Certificateholders Title To Trust Property Situs of Trust The Delaware Trustee Separateness Provisions 35 35 35 36 36 36 36 36 37