AMENDED AND RESTATED TRUST AGREEMENT dated as of June 8, 2006 by and among NOVASTAR CERTIFICATES FINANCING CORPORATION as Depositor, and WILMINGTON TRUST COMPANY, as Owner Trustee NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2006-MTA1 Asset-Backed Notes,...Trust Agreement • August 8th, 2006 • NovaStar Certificates Financing CORP • Asset-backed securities • Delaware
This AMENDED AND RESTATED TRUST AGREEMENT, dated as of June 8, 2006, is between NOVASTAR CERTIFICATES FINANCING CORPORATION, a Delaware corporation, as depositor (the “Depositor”) and WILMINGTON TRUST COMPANY, a Delaware banking corporation, as owner trustee (the “Owner Trustee”).
NOVASTAR MORTGAGE FUNDING CORPORATION, as Depositor NOVASTAR MORTGAGE, INC., as Servicer and as Sponsor U.S. BANK NATIONAL ASSOCIATION as Custodian and DEUTSCHE BANK NATIONAL TRUST COMPANY as Trustee POOLING AND SERVICING AGREEMENT Dated as of May 1,...Pooling and Servicing Agreement • June 8th, 2007 • NovaStar Certificates Financing CORP • Asset-backed securities • New York
For the Distribution Date in August 2008, an amount equal to the sum of the amounts described in clauses (II) through (III) of the definition of Class I Monthly Interest Formula Amounts.
SALE AND SERVICING AGREEMENT dated as of May 1, 2006 by and among NOVASTAR CERTIFICATES FINANCING CORPORATION as Depositor, NOVASTAR MORTGAGE INC., as Sponsor and Servicer, NOVASTAR FINANCIAL INC., as a Seller NOVASTAR MORTGAGE FUNDING TRUST, SERIES...Sale and Servicing Agreement • August 8th, 2006 • NovaStar Certificates Financing CORP • Asset-backed securities • New York
SALE AND SERVICING AGREEMENT, dated as of May 1, 2006 (this “Agreement”), by and among NOVASTAR CERTIFICATES FINANCING CORPORATION, a Delaware corporation, as depositor (the “Depositor”), NOVASTAR FINANCIAL INC., as seller (the “Seller”), NOVASTAR MORTGAGE INC., a Virginia corporation, as sponsor (the “Sponsor”), NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2006-MTA1, a Delaware statutory trust, as issuing entity (the “Issuing Entity”), NOVASTAR MORTGAGE INC., a Virginia corporation, as servicer (the “Servicer”), JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, a banking association organized under the laws of the United States, as indenture trustee (the “Indenture Trustee”), J.P. MORGAN TRUST COMPANY, NATIONAL ASSOCIATION, as co-trustee (the “Co-Trustee”) and U.S. BANK NATIONAL ASSOCIATION, a banking association organized under the laws of the United States, as custodian (the “Custodian”).
INDENTURE dated as of May 1, 2006 by and among NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2006-MTA1, as Issuing Entity and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION as Indenture Trustee and J.P. MORGAN TRUST COMPANY, NATIONAL ASSOCIATION as Co-TrusteeIndenture • August 8th, 2006 • NovaStar Certificates Financing CORP • Asset-backed securities
This INDENTURE, dated as of May 1, 2006 (as amended or supplemented from time to time as permitted hereby, this “Indenture”), is among NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2006-MTA1, a Delaware statutory trust (together with its permitted successors and assigns, the “Issuing Entity”), JPMorgan Chase Bank, National Association, a banking association organized under the laws of the United States, as Indenture Trustee (together with its permitted successors in the trusts hereunder, the “Indenture Trustee”) and J.P. MORGAN TRUST COMPANY, NATIONAL ASSOCIATION, as co-trustee (the “Co-Trustee”)
NOVASTAR MORTGAGE, INC. as Seller, [NOVASTAR MORTGAGE FUNDING CORPORATION] [NOVASTAR CERTIFICATES FINANCING CORPORATION] as Depositor, [ ] as Custodian and [ ] as Trustee MORTGAGE LOAN PURCHASE AGREEMENT Dated as of , 20[ ] Fixed and Adjustable Rate...Mortgage Loan Purchase Agreement • April 13th, 2006 • NovaStar Certificates Financing CORP • Asset-backed securities • New York
THIS MORTGAGE LOAN PURCHASE AGREEMENT (this “Purchase Agreement”), dated as of , 20[ ], is made among NovaStar Mortgage, Inc. (the “Seller”), [NovaStar Mortgage Funding Corporation] [NovaStar Certificates Financing Corporation] (the “Depositor”), [ ] (the “Custodian”) and [ ] (the “Trustee”).
ISDA® International Swaps and Derivatives Association, Inc. NOVATION AGREEMENT dated as of June 1, 2007 among:Novation Agreement • June 8th, 2007 • NovaStar Certificates Financing CORP • 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 June 1, 2007 among:Novation Agreement • June 8th, 2007 • NovaStar Certificates Financing CORP • Asset-backed securities • New York
The Remaining Party and the Transferor are parties to a 1992 ISDA Master dated as of July 19, 2006 (the “Old Agreement”). The Remaining Party and the Transferor originally entered into certain transactions (each an "Old Transaction") under the Old Agreement, each evidenced by a Confirmation (an "Old Confirmation") with reference number IRG16181489, IRG16181493, IRG16188578, IRG16189509 respectively, attached hereto as Exhibit I.
NOVASTAR MORTGAGE, INC. as Sponsor, NOVASTAR MORTGAGE FUNDING CORPORATION as Depositor, as Custodian and DEUTSCHE BANK NATIONAL TRUST COMPANY as Trustee MORTGAGE LOAN PURCHASE AGREEMENT Dated as of August 1, 2006 Fixed and Adjustable Rate Mortgage...Mortgage Loan Purchase Agreement • September 8th, 2006 • NovaStar Certificates Financing CORP • Asset-backed securities • New York
THIS MORTGAGE LOAN PURCHASE AGREEMENT (this “Purchase Agreement”), dated as of August 1, 2006, is made among NovaStar Mortgage, Inc. (the “Sponsor”), NovaStar Mortgage Funding Corporation (the “Depositor”), U.S. Bank National Association (the “Custodian”) and Deutsche Bank National Trust Company as trustee (the “Trustee”).
NOVASTAR MORTGAGE, INC. as Sponsor, NOVASTAR MORTGAGE FUNDING CORPORATION as Depositor, as Custodian and DEUTSCHE BANK NATIONAL TRUST COMPANY as Trustee MORTGAGE LOAN PURCHASE AGREEMENT Dated as of May 1, 2007 Fixed and Adjustable Rate Mortgage Loans...Mortgage Loan Purchase Agreement • June 8th, 2007 • NovaStar Certificates Financing CORP • Asset-backed securities • New York
THIS MORTGAGE LOAN PURCHASE AGREEMENT (this “Purchase Agreement”), dated as of May 1, 2007, is made among NovaStar Mortgage, Inc. (the “Sponsor”), NovaStar Mortgage Funding Corporation (the “Depositor”), U.S. Bank National Association (the “Custodian”) and Deutsche Bank National Trust Company as trustee (the “Trustee”).
ISDA® International Swap Dealers Association, Inc. MASTER AGREEMENT dated as of November 30, 2006Master Agreement • December 6th, 2006 • NovaStar Certificates Financing CORP • Asset-backed securities • New York
have entered and/or anticipate entering into one of more transactions (each a “Transaction”) that are or will be governed by this Master Agreement, which includes the schedule (the “Schedule”), and the documents and other confirming evidence (each a “Confirmation”) exchanged between the parties confirming those Transactions.
Re: NovaStar Mortgage Funding Trust, Series 2006-6Pooling and Servicing Agreement • December 6th, 2006 • NovaStar Certificates Financing CORP • Asset-backed securities • New York
Greenwich Capital Markets, Inc. 600 Steamboat Road Greenwich, Connecticut 06830 Wachovia Capital Markets, LLC 301 South College Street, NC0610 Charlotte, North Carolina 28288-0610 Deutsche Bank Securities Inc. 60 Wall Street New York, New York 10005NovaStar Certificates Financing CORP • June 8th, 2007 • Asset-backed securities • New York
AMENDMENT NO. 1 TO THE AMENDED AND RESTATED TRUST AGREEMENTAnd Restated Trust Agreement • April 26th, 2007 • NovaStar Certificates Financing CORP • Asset-backed securities • Delaware
Amendment No. 1, dated as of April 24, 2007 (the “Amendment”), to the Amended and Restated Trust Agreement (the “Agreement”) dated as of June 8, 2006, by and among NovaStar Certificates Financing Corporation, as depositor (the “Depositor”) and Wilmington Trust Company, as owner trustee (the “Owner Trustee”). Capitalized terms used and not defined herein shall have the meaning set forth in the Agreement.
ISDA® International Swap Dealers Association, Inc. MASTER AGREEMENT dated as of November 30, 2006Master Agreement • December 6th, 2006 • NovaStar Certificates Financing CORP • Asset-backed securities • New York
have entered and/or anticipate entering into one of more transactions (each a “Transaction”) that are or will be governed by this Master Agreement, which includes the schedule (the “Schedule”), and the documents and other confirming evidence (each a “Confirmation”) exchanged between the parties confirming those Transactions.
ISDA® International Swaps and Derivatives Association, Inc. NOVATION AGREEMENT dated as of June 15, 2006 among: THE ROYAL BANK OF SCOTLAND PLC. (THE “Remaining Party”), NOVASTAR FINANCIAL, INC. (the “Transferor”) AND NOVASTAR MORTGAGE SUPPLEMENTAL...Novation Agreement • June 26th, 2006 • NovaStar Certificates Financing CORP • 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 1RG6953351 and 1RG6953352, respectively, attached hereto as Exhibit I and subject to a 1992 ISDA Master Agreement dated as of June 30, 2005 (the “Old Agreement”).
Acknowledgement and Assignment AgreementAcknowledgement and Assignment Agreement • September 22nd, 2006 • NovaStar Certificates Financing CORP • 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 2006-2 (the “Trust”), which was created pursuant to the Pooling and Servicing Agreement dated as of June 1, 2006 (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 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.
ISDA® International Swap Dealers Association, Inc. MASTER AGREEMENT dated as of June 15, 2006Master Agreement • June 26th, 2006 • NovaStar Certificates Financing CORP • Asset-backed securities • New York
have entered and/or anticipate entering into one of more transactions (each a “Transaction”) that are or will be governed by this Master Agreement, which includes the schedule (the “Schedule”), and the documents and other confirming evidence (each a “Confirmation”) exchanged between the parties confirming those Transactions.
NOVASTAR MORTGAGE, INC. as Sponsor, NOVASTAR MORTGAGE FUNDING CORPORATION as Depositor, as Custodian and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION as Trustee MORTGAGE LOAN PURCHASE AGREEMENT Dated as of June 1, 2006 Fixed and Adjustable Rate Mortgage...Purchase Agreement • July 7th, 2006 • NovaStar Certificates Financing CORP • Asset-backed securities • New York
THIS MORTGAGE LOAN PURCHASE AGREEMENT (this “Purchase Agreement”), dated as of June 1, 2006, is made among NovaStar Mortgage, Inc. (the “Sponsor”), NovaStar Mortgage Funding Corporation (the “Depositor”), U.S. Bank National Association (the “Custodian”) and JPMorgan Chase Bank, National Association (the “Trustee”).
ISDA® International Swap Dealers Association, Inc. MASTER AGREEMENT dated as of June 15, 2006Master Agreement • June 26th, 2006 • NovaStar Certificates Financing CORP • Asset-backed securities • New York
have entered and/or anticipate entering into one of more transactions (each a “Transaction”) that are or will be governed by this Master Agreement, which includes the schedule (the “Schedule”), and the documents and other confirming evidence (each a “Confirmation”) exchanged between the parties confirming those Transactions.
ISDA® International Swaps and Derivatives Association, Inc. NOVATION AGREEMENT dated as of September 28, 2006 among: WACHOVIA BANK, NATIONAL ASSOCIATION (the “Remaining Party”), NOVASTAR MORTGAGE, INC. (the “Transferor”) AND NOVASTAR MORTGAGE...Novation Agreement • October 5th, 2006 • NovaStar Certificates Financing CORP • 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 September 28, 2006 among: THE ROYAL BANK OF SCOTLAND PLC. (the “Remaining Party”), NOVASTAR MORTGAGE, INC. (the “Transferor”) AND NOVASTAR MORTGAGE SUPPLEMENTAL...Novation Agreement • October 5th, 2006 • NovaStar Certificates Financing CORP • Asset-backed securities • New York
The Remaining Party and NovaStar Financial, Inc. (“NFI”) are parties to a 1992 ISDA Master dated as of June 30, 2005 (the “NFI/RBS Master Agreement”). The Remaining Party and NFI originally entered into certain transactions (each an “Old Transaction”) under the NFI/RBS Master Agreement, each evidenced by a Confirmation (an “Old Confirmation”) with reference number IRG16054239, respectively, attached hereto as Exhibit I. The Old Transactions were transferred by novation to the Transferor from NFI pursuant to the Novation Agreement dated July 19, 2006, among NFI, the Remaining Party and the Transferor, made subject to a 1992 ISDA Master Agreement dated as of July 19, 2006, between the Remaining Party and the Transferor (the “Old Agreement”) and assigned the following internal reference number IRG16054239.
Wachovia Capital Markets, LLC 301 South College Street, NC0610 Charlotte, North Carolina 28288-0610 Re: NovaStar Mortgage Funding Trust, Series 2006-5 Ladies and Gentlemen:NovaStar Certificates Financing CORP • October 5th, 2006 • Asset-backed securities • New York
ISDA® International Swaps and Derivatives Association, Inc. NOVATION AGREEMENT dated as of September 28, 2006 among: DEUTSCHE BANK AG, NEW YORK BRANCH (the “Remaining Party”), NOVASTAR MORTGAGE, INC. (the “Transferor”) AND NOVASTAR MORTGAGE...Novation Agreement • October 5th, 2006 • NovaStar Certificates Financing CORP • Asset-backed securities • New York
The Remaining Party and NovaStar Financial, Inc. are parties to a 1992 Master dated as of September 21, 2004 (the “NFI/DB Master Agreement”). The Remaining Party and NovaStar Financial, Inc. originally entered into certain transactions (each an “Old Transaction”) under the NFI/DB Master Agreement, each evidenced by a Confirmation (an “Old Confirmation”) attached hereto as Exhibit I. The Old Transactions were transferred by novation to the Transferor pursuant to the Novation Agreement dated July 19, 2006, among NovaStar Finanacial, Inc., the Remaining Party and the Transferor, and made subject to a 1992 ISDA Master Agreement dated as of July 19, 2006, between the Remaining Party and the Transferor (the “Old Agreement”).
ISDA® International Swaps and Derivatives Association, Inc. NOVATION AGREEMENT dated as of November 30, 2006 among: WACHOVIA BANK, NATIONAL ASSOCIATION (the “Remaining Party”), NOVASTAR MORTGAGE, INC. (the “Transferor”) AND NOVASTAR MORTGAGE...Novation Agreement • December 6th, 2006 • NovaStar Certificates Financing CORP • 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 November 15, 2003 (the “Old Agreement”).
AMENDMENT NO. 1 TO THE POOLING AND SERVICING AGREEMENTPooling and Servicing Agreement • September 22nd, 2006 • NovaStar Certificates Financing CORP • Asset-backed securities • New York
Amendment No. 1, dated as of September 18, 2006 (the “Amendment”), to the Pooling and Servicing Agreement (the “Agreement”) dated as of June 1, 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 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.
AMENDMENT NO. 1 TO THE INDENTURENovaStar Certificates Financing CORP • October 18th, 2006 • Asset-backed securities • New York
Amendment No. 1 dated as of September 28, 2006, (the “Amendment”) to the Indenture dated as of May 1, 2006 (the “Indenture”) by and among NovaStar Mortgage Funding Trust, Series 2006-MTA1 (the “Issuing Entity”), JPMorgan Chase Bank, National Association, as Indenture Trustee (the “Indenture Trustee”) and J.P. Morgan Trust Company, National Association, as Co-Trustee (the “Co-Trustee”).
ISDA® International Swap Dealers Association, Inc. MASTER AGREEMENT dated as of June 15, 2006Master Agreement • June 26th, 2006 • NovaStar Certificates Financing CORP • Asset-backed securities • New York
have entered and/or anticipate entering into one of more transactions (each a “Transaction”) that are or will be governed by this Master Agreement, which includes the schedule (the “Schedule”), and the documents and other confirming evidence (each a “Confirmation”) exchanged between the parties confirming those Transactions.
International Swaps and Derivatives Association, Inc. NOVATION AGREEMENT dated as of June 29, 2006 among: THE ROYAL BANK OF SCOTLAND PLC. (THE “Remaining Party”), NOVASTAR FINANCIAL, INC. (the “Transferor”) AND NOVASTAR MORTGAGE SUPPLEMENTAL INTEREST...Novation Agreement • July 7th, 2006 • NovaStar Certificates Financing CORP • 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 D6955016, D6956470, D6956471, D6974918 and IRG6970054.2A, respectively, attached hereto as Exhibit I and subject to a 1992 ISDA Master Agreement dated as of June 30, 2005 (the “Old Agreement”).
Greenwich Capital Markets, Inc. 600 Steamboat Road Greenwich, Connecticut 06830Pooling and Servicing Agreement • June 26th, 2006 • NovaStar Certificates Financing CORP • Asset-backed securities • New York
BACKUP SERVICING AGREEMENTBackup Servicing Agreement • June 8th, 2007 • NovaStar Certificates Financing CORP • Asset-backed securities • New York
Deutsche Bank Securities Inc.NovaStar Certificates Financing CORP • May 3rd, 2007 • Asset-backed securities
AMENDMENT NO. 1 TO THE POOLING AND SERVICING AGREEMENTSPooling and Servicing Agreements • November 7th, 2007 • NovaStar Certificates Financing CORP • Asset-backed securities • New York
Amendment No. 1, dated as of October 31, 2007 (the “Amendment”), to the Pooling and Servicing Agreements (the “Agreements”) listed on Schedule I hereto, each among NovaStar Mortgage Funding Corporation (the “Depositor”), NovaStar Mortgage, Inc., as sponsor and servicer (the “Sponsor” or “Servicer”), U.S. Bank National Association, as custodian (the “Custodian”), and Deutsche Bank National Trust Company, as trustee (the “Trustee”). Capitalized terms used and not defined herein shall have the meaning set forth in the Agreements and Appendix A thereto.
ISDA® International Swaps and Derivatives Association, Inc. NOVATION AGREEMENT dated as of November 30, 2006 among: THE ROYAL BANK OF SCOTLAND PLC. (the “Remaining Party”), NOVASTAR MORTGAGE, INC. (the “Transferor”) AND NOVASTAR MORTGAGE SUPPLEMENTAL...Novation Agreement • December 6th, 2006 • NovaStar Certificates Financing CORP • Asset-backed securities • New York
The Remaining Party and NovaStar Financial, Inc. (“NFI”) are parties to a 1992 ISDA Master dated as of June 30, 2005 (the “NFI/RBS Master Agreement”). The Remaining Party and NFI originally entered into certain transactions (each an “Old Transaction”) under the NFI/RBS Master Agreement, each evidenced by a Confirmation (an “Old Confirmation”) with reference number IRG16076279, IRG16078815, IRG16078817, IRG16082235, IRG16089258, IRG16089272, respectively, attached hereto as Exhibit I. The Old Transactions were transferred by novation to the Transferor from NFI pursuant to the Novation Agreement dated July 19, 2006, among NFI, the Remaining Party and the Transferor, made subject to a 1992 ISDA Master Agreement dated as of July 19, 2006, between the Remaining Party and the Transferor (the “Old Agreement”) and assigned the following internal reference number IRG16076279, IRG16078815, IRG16078817,IRG16082235, IRG16089258, IRG16089272.
Re: NovaStar Mortgage Funding Trust, Series 2006–MTA1NovaStar Certificates Financing CORP • June 21st, 2006 • Asset-backed securities • New York
ISDA® International Swaps and Derivatives Association, Inc. NOVATION AGREEMENT dated as of November 30, 2006 among: DEUTSCHE BANK AG, NEW YORK BRANCH (the “Remaining Party”), NOVASTAR MORTGAGE, INC. (the “Transferor”) AND NOVASTAR MORTGAGE...Novation Agreement • December 6th, 2006 • NovaStar Certificates Financing CORP • Asset-backed securities • New York
The Remaining Party and NovaStar Financial, Inc. are parties to a 1992 Master dated as of November 30, 2004 (the “NFI/DB Master Agreement”). The Remaining Party and NovaStar Financial, Inc. originally entered into certain transactions (each an “Old Transaction”) under the NFI/DB Master Agreement, each evidenced by a Confirmation (an “Old Confirmation”) attached hereto as Exhibit I. The Old Transactions were transferred by novation to the Transferor pursuant to the Novation Agreement dated July 19, 2006, among NovaStar Finanacial, Inc., the Remaining Party and the Transferor, and made subject to a 1992 ISDA Master Agreement dated as of July 19, 2006, between the Remaining Party and the Transferor (the “Old Agreement”).
