NYMT Securities CORP Sample Contracts

AMENDED AND RESTATED TRUST AGREEMENT among NYMT SECURITIES CORPORATION, as Depositor, as Owner Trustee and as Trust Administrator Dated as of [ ], 2005 New York Mortgage Trust, Series 2005-[ ] Mortgage-Backed Notes
Trust Agreement • August 29th, 2005 • NYMT Securities CORP • Delaware

This TRUST AGREEMENT, dated as of [ ], 2005, is by and among NYMT SECURITIES CORPORATION, a Delaware corporation (the “Depositor”), [ ], a [ ], as Owner Trustee (the “Owner Trustee”), and [ ], a [ ], as Trust Administrator (the “Trust Administrator”).

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NEW YORK MORTGAGE TRUST, SERIES 2005-[ ], as Issuer NYMT SECURITIES CORPORATION, as Depositor [ ], as Trust Administrator and Master Servicer NYMT SERVICING CORPORATION, as Servicer [ ], as Subservicer NEW YORK MORTGAGE FUNDING, LLC, as Seller and [...
Custodial Agreement • August 29th, 2005 • NYMT Securities CORP • New York

This TRANSFER AND SERVICING AGREEMENT, dated as of [ ], 2005 (the “Agreement” or the “Transfer and Servicing Agreement”), is by and among NEW YORK MORTGAGE TRUST, SERIES 2005-[ ], a Delaware statutory trust, as issuer (the “Issuer”), NYMT SECURITIES CORPORATION, a Delaware corporation, as depositor (the “Depositor”), [ ], as indenture trustee (the “Indenture Trustee”), [ ], as trust administrator (the “Trust Administrator”) and master servicer (the “Master Servicer”), NYMT SERVICING CORPORATION, as servicer (the “Servicer”), [ ], as subservicer (the “Subservicer”) and NEW YORK MORTGAGE FUNDING, LLC, as seller (the “Seller”).

NYMT SECURITIES CORPORATION, as Depositor, as Master Servicer and Trust Administrator, NEW YORK MORTGAGE FUNDING LLC, as Seller, and as Trustee
Trust Agreement • August 29th, 2005 • NYMT Securities CORP • New York

This TRUST AGREEMENT, dated as of [ ], 2005 (the “Agreement”), is by and among NYMT SECURITIES CORPORATION, a Delaware corporation, as depositor (the “Depositor”), [ ], as trustee (the “Trustee”), NEW YORK MORTGAGE FUNDING, LLC, a Delaware limited liability company, as seller (the “Seller”) and [ ], as trust administrator (the “Trust Administrator”) and as master servicer (the “Master Servicer”).

TRUST AGREEMENT
Trust Agreement • August 29th, 2005 • NYMT Securities CORP • Delaware

THIS TRUST AGREEMENT, dated as of [ ], 2005, is made by and among NYMT Securities Corporation, a Delaware corporation, as depositor (the “Depositor”), [ ], a [ ], as owner trustee (the “Owner Trustee”) and is acknowledged and agreed as described herein by New York Mortgage Trust, Inc., a Maryland corporation (“NYMT”). The Depositor and the Owner Trustee hereby agree as follows:

as Master Servicer and NEW YORK MORTGAGE FUNDING, LLC, as Seller and NYMT SERVICING CORPORATION as Servicer
Servicing Agreement • August 29th, 2005 • NYMT Securities CORP • New York
SUBSEQUENT TRANSFER AGREEMENT
Subsequent Transfer Agreement • April 28th, 2006 • NYMT Securities CORP • Asset-backed securities • New York

SUBSEQUENT TRANSFER AGREEMENT (the “Agreement”), dated as of April 24, 2006 by and among The New York Mortgage Company, LLC (the “Seller”), NYMT Securities Corporation (the “Depositor”), U.S. Bank National Association (the “Trustee”) and Wells Fargo Bank, N.A. (the “Securities Administrator”) pursuant to the Pooling and Servicing Agreement referred to below.

NYMT SECURITIES CORPORATION NYMT Securities Corporation New York Mortgage Trust, Series 2005-[ ] Mortgage-Backed Notes UNDERWRITING AGREEMENT
Underwriting Agreement • August 29th, 2005 • NYMT Securities CORP • New York
INDENTURE among NEW YORK MORTGAGE TRUST, SERIES 2005-[ ], Issuer Trust Administrator and Indenture Trustee Dated as of [ ], 2005
Indenture • August 29th, 2005 • NYMT Securities CORP • New York

This INDENTURE, dated as of [ ], 2005, is among NEW YORK MORTGAGE TRUST, SERIES 2005-[ ], a Delaware statutory trust (the “Issuer”), [ ], as Trust Administrator (the “Trust Administrator”) and [ ], a [ ], as indenture trustee and not in its individual capacity (the “Indenture Trustee”).

NYMT SECURITIES CORPORATION, as Depositor WELLS FARGO BANK, N.A., as Securities Administrator and Master Servicer NYMT SERVICING CORPORATION, as a Servicer CENLAR FSB, as Subservicer THE NEW YORK MORTGAGE COMPANY, LLC, as Seller and U.S. BANK NATIONAL...
Pooling and Servicing Agreement • April 19th, 2006 • NYMT Securities CORP • Asset-backed securities • New York

This POOLING AND SERVICING AGREEMENT, dated as of March 1, 2006 (the “Agreement” or the “Pooling and Servicing Agreement”), is by and among NYMT SECURITIES CORPORATION, a Delaware corporation, as depositor (the “Depositor”), U.S. BANK NATIONAL ASSOCIATION, as trustee (the “Trustee”), WELLS FARGO BANK, N.A., as securities administrator (the “Securities Administrator”) and master servicer (the “Master Servicer”), NYMT SERVICING CORPORATION, as a servicer (“NYMT Servicing” or a “Servicer”), CENLAR FSB, as subservicer (the “Subservicer”) and THE NEW YORK MORTGAGE COMPANY, LLC, as seller (the “Seller”).

NYMT SECURITIES CORPORATION Mortgage-Backed Certificates UNDERWRITING AGREEMENT
Underwriting Agreement • April 19th, 2006 • NYMT Securities CORP • Asset-backed securities • New York
SUBSEQUENT TRANSFER AGREEMENT
Subsequent Transfer Agreement • January 18th, 2006 • NYMT Securities CORP • Asset-backed securities • New York

SUBSEQUENT TRANSFER AGREEMENT (the “Agreement”), dated as of January 13, 2006 by and among New York Mortgage Funding, LLC (the “Seller”), NYMT Securities Corporation (the “Depositor”), New York Mortgage Trust 2005-3 (the “Trust”), U.S. Bank National Association (the “Indenture Trustee”) and Wells Fargo Bank, N.A. (the “Trust Administrator”) pursuant to the Transfer and Servicing Agreement referred to below.

NYMT SECURITIES CORPORATION, as Purchaser, and NEW YORK MORTGAGE FUNDING, LLC, as Seller,
Mortgage Loan Purchase Agreement • August 29th, 2005 • NYMT Securities CORP • New York

MORTGAGE LOAN PURCHASE AGREEMENT (the “Agreement”), dated as of [ ], 2005, between NEW YORK MORTGAGE FUNDING, LLC (the “Seller”) and NYMT SECURITIES CORPORATION (the “Purchaser” or the “Depositor”).

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