NOVASTAR MORTGAGE, INC. as Seller, NOVASTAR MORTGAGE FUNDING CORPORATION as Company, WACHOVIA BANK, NATIONAL ASSOCIATION as Custodian and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION as Trustee MORTGAGE LOAN PURCHASE AGREEMENT Dated as of December 1,...Mortgage Loan Purchase Agreement • December 29th, 2005 • Novastar Mortgage Funding Trust, Series 2005-4 • Asset-backed securities • New York
THIS MORTGAGE LOAN PURCHASE AGREEMENT (this “Purchase Agreement”), dated as of December 1, 2005, is made among NovaStar Mortgage, Inc. (the “Seller”), NovaStar Mortgage Funding Corporation (the “Company”), Wachovia Bank, National Association (the “Custodian”) and JPMorgan Chase Bank, National Association (the “Trustee”).
AMENDMENT NO. 2 TO THE POOLING AND SERVICING AGREEMENTPooling and Servicing Agreement • April 3rd, 2006 • Novastar Mortgage Funding Trust, Series 2005-4 • Asset-backed securities • New York
Amendment No. 2, dated as of March 27, 2006 (the “Amendment”), to the Pooling and Servicing Agreement (the “Agreement”) dated as of December 1, 2005, by and among NovaStar Mortgage Funding Corporation (the “Company”), NovaStar Mortgage, Inc., as seller and servicer (the “Seller” or “Servicer”), U.S. Bank, National Association as successor to Wachovia Bank, National Association, as custodian (the “Custodian”), JPMorgan Chase Bank, National Association, as trustee (the “Trustee”) and J.P. Morgan Trust Company, National Association, as co-trustee (the “Co-Trustee”). Capitalized terms used and not defined herein shall have the meaning set forth in the Agreement and Appendix A thereto.
Deutsche Bank Securities Inc. 60 Wall Street New York, New York 10005 Greenwich Capital Markets, Inc. 600 Steamboat Road Greenwich, Connecticut 06830 Wachovia Capital Markets, LLC 301 South College Street, NC0610 Charlotte, North Carolina 28288-0610...Pooling and Servicing Agreement • December 29th, 2005 • Novastar Mortgage Funding Trust, Series 2005-4 • Asset-backed securities • New York
ISDA® International Swaps and Derivatives Association, Inc. NOVATION AGREEMENT dated as of December 15, 2005 among: WACHOVIA BANK, NATIONAL ASSOCIATION (the “Remaining Party”), NOVASTAR MORTGAGE, INC. (the “Transferor”) AND NOVASTAR MORTGAGE...Novation Agreement • December 29th, 2005 • Novastar Mortgage Funding Trust, Series 2005-4 • Asset-backed securities • New York
The Transferor and the Remaining Party have entered into one or more Transactions (each an “Old Transaction”), each evidenced by a Confirmation (an “Old Confirmation”) attached hereto as Exhibit I and subject to a 1992 ISDA Master Agreement dated as of September 15, 2003 (the “Old Agreement”).
ISDA® International Swaps and Derivatives Association, Inc. NOVATION AGREEMENT dated as of December 15, 2005 among: THE ROYAL BANK OF SCOTLAND PLC. (the “Remaining Party”), NOVASTAR FINANCIAL, INC. (the “Transferor”) AND NOVASTAR MORTGAGE SUPPLEMENTAL...Novation Agreement • December 29th, 2005 • Novastar Mortgage Funding Trust, Series 2005-4 • Asset-backed securities • New York
The Transferor and the Remaining Party have entered into one or more Transactions (each an “Old Transaction”), each evidenced by a Confirmation (an “Old Confirmation”) with reference numbers D6817771, D6825448, D6825458, D6830294, D6830295, D6846132, D6853798, D6853799, D6855787 and D6859939, respectively, attached hereto as Exhibit I and subject to a 1992 ISDA Master Agreement dated as of June 30, 2005 (the “Old Agreement”).
NovaStar Mortgage, Inc. (the “Seller”), NovaStar Mortgage Funding Corporation (the “Company”) and NovaStar Financial, Inc. (“NFI”) hereby confirm their agreement to sell certain asset backed certificates to Greenwich Capital Markets, Inc. (“GCM” or...Pooling and Servicing Agreement • February 16th, 2006 • Novastar Mortgage Funding Trust, Series 2005-4 • Asset-backed securities • New York
AMENDMENT NO. 3 TO THE POOLING AND SERVICING AGREEMENTPooling and Servicing Agreement • September 22nd, 2006 • Novastar Mortgage Funding Trust, Series 2005-4 • Asset-backed securities • New York
Amendment No. 3, dated as of September 18, 2006 (the “Amendment”), to the Pooling and Servicing Agreement (the “Agreement”) dated as of December 1, 2005 as amended by Amendment No. 1 dated as of January 26, 2006, and Amendment No. 2 dated as of March 27, 2006, among NovaStar Mortgage Funding Corporation (the “Company”), NovaStar Mortgage, Inc., as seller and servicer (the “Seller” or “Servicer”), U.S. Bank National Association as successor to Wachovia Bank, National Association, as custodian (the “Custodian”), JPMorgan Chase Bank, National Association, as trustee (the “Trustee”) and J.P. Morgan Trust Company, National Association, as co-trustee (the “Co-Trustee”). Capitalized terms used and not defined herein shall have the meaning set forth in the Agreement and Appendix A thereto.
ISDA® International Swaps and Derivatives Association, Inc. NOVATION AGREEMENT dated as of December 15, 2005 among: DEUTSCHE BANK AG, NEW YORK BRANCH (the “Remaining Party”), NOVASTAR FINANCIAL, INC. (the “Transferor”) AND NOVASTAR MORTGAGE...Novation Agreement • December 29th, 2005 • Novastar Mortgage Funding Trust, Series 2005-4 • Asset-backed securities • New York
The Transferor and the Remaining Party have entered into one or more Transactions (each an “Old Transaction”), each evidenced by a Confirmation (an “Old Confirmation”) attached hereto as Exhibit I and subject to a 1992 ISDA Master Agreement dated as of September 21, 2004 (the “Old Agreement”).
AMENDMENT NO. 1 TO THE POOLING AND SERVICING AGREEMENTPooling and Servicing Agreement • February 16th, 2006 • Novastar Mortgage Funding Trust, Series 2005-4 • Asset-backed securities • New York
Amendment No. 1, dated as of January 26, 2006 (the “Amendment”), to the Pooling and Servicing Agreement (the “Agreement”) dated as of December 1, 2005, by and among NovaStar Mortgage Funding Corporation (the “Company”), NovaStar Mortgage, Inc., as seller and servicer (the “Seller” or “Servicer”), Wachovia Bank, National Association, as custodian (the “Custodian”) and JPMorgan Chase Bank, National Association (formerly known as JPMorgan Chase Bank), as trustee (the “Trustee”) and J.P. Morgan Trust Company, National Association, as co-trustee (the “Co-Trustee”). Capitalized terms used and not defined herein shall have the meaning set forth in the Agreement and Appendix A thereto.
Acknowledgement and Assignment AgreementAcknowledgement and Assignment Agreement • September 22nd, 2006 • Novastar Mortgage Funding Trust, Series 2005-4 • Asset-backed securities
This Acknowledgement and Assignment Agreement is dated as of September 18, 2006 (this “Agreement”) and relates to NovaStar Mortgage Funding Trust, Series 2005-4 (the “Trust”), which was created pursuant to the Pooling and Servicing Agreement dated as of December 1, 2005 (the “Agreement”) by and among NovaStar Mortgage Funding Corporation, as Company (the “Company”), NovaStar Mortgage, Inc., as Servicer and as Seller (the “Servicer” and the “Seller”), U.S. Bank National Association (f/k/a Wachovia Bank, National Association) as Custodian (the “Custodian”), J.P. Morgan Chase Bank, National Association as Trustee (the “Trustee”) and J.P. Morgan Trust Company, National Association, as Co-Trustee (the “Co-Trustee”) Capitalized terms used herein and not otherwise defined herein shall have their respective meanings as set forth in the Agreement.
NOVASTAR MORTGAGE FUNDING CORPORATION, as Company NOVASTAR MORTGAGE, INC., as Servicer and as Seller WACHOVIA BANK, NATIONAL ASSOCIATION as Custodian JPMORGAN CHASE BANK, NATIONAL ASSOCIATION as Trustee and J.P. MORGAN TRUST COMPANY, NATIONAL...Pooling and Servicing Agreement • December 29th, 2005 • Novastar Mortgage Funding Trust, Series 2005-4 • Asset-backed securities • New York
This Pooling and Servicing Agreement is dated as of December 1, 2005 (the “Agreement”), among NOVASTAR MORTGAGE FUNDING CORPORATION, as company (the “Company”), NOVASTAR MORTGAGE, INC., as servicer (the “Servicer”) and as seller (the “Seller”), WACHOVIA BANK, NATIONAL ASSOCIATION, as custodian (the “Custodian”), JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as trustee (the “Trustee”) and J.P. MORGAN TRUST COMPANY, NATIONAL ASSOCIATION, as co-trustee (the “Co-Trustee”).
