SERVICING AGREEMENT among MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC Owner and SAXON MORTGAGE SERVICES, INC. Servicer Dated: Dated as of July 1, 2007Servicing Agreement • January 10th, 2008 • Morgan Stanley Mortgage Loan Trust 2007-13 • Asset-backed securities • New York
This Servicing Agreement (“Servicing Agreement” or “Agreement”) is entered into as of July 1, 2007, by and among SAXON MORTGAGE SERVICES, INC., a Texas corporation (the “Servicer”) and MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC, a New York limited liability company (the “Owner”).
FIFTH AMENDED AND RESTATED MORTGAGE LOAN PURCHASE AND WARRANTIES AGREEMENTMortgage Loan Purchase and Warranties Agreement • November 15th, 2007 • Morgan Stanley Mortgage Loan Trust 2007-13 • Asset-backed securities • New York
This FIFTH AMENDED AND RESTATED MORTGAGE LOAN PURCHASE AND WARRANTIES AGREEMENT (the “Agreement”), dated as of April 1, 2007, by and between Morgan Stanley Mortgage Capital Inc., a New York corporation (the “Purchaser”), and US Bank, N.A., a national banking association (the “Seller”).
SECOND AMENDED AND RESTATED MORTGAGE LOAN SALE AND SERVICING AGREEMENT between FIFTH THIRD MORTGAGE COMPANY, as Seller and as Servicer and MORGAN STANLEY MORTGAGE CAPITAL INC., as Purchaser Dated as of July 1, 2006 Conventional, Fixed and Adjustable...Mortgage Loan Sale and Servicing Agreement • November 15th, 2007 • Morgan Stanley Mortgage Loan Trust 2007-13 • Asset-backed securities • New York
THIS SECOND AMENDED AND RESTATED MORTGAGE LOAN SALE AND SERVICING AGREEMENT (this “Agreement”), dated as of July 1, 2006, is hereby executed by and between MORGAN STANLEY MORTGAGE CAPITAL INC. (the “Purchaser”) and FIFTH THIRD MORTGAGE COMPANY in its capacity as seller (the “Seller”) and in its capacity as servicer (the “Servicer”).
FIRST AMENDED AND RESTATED SERVICING AGREEMENT between Morgan Stanley Mortgage Capital Inc. (Owner) and GMAC Mortgage Corporation, a Pennsylvania corporation (Servicer) Dated as of January 1, 2006Servicing Agreement • November 15th, 2007 • Morgan Stanley Mortgage Loan Trust 2007-13 • Asset-backed securities • New York
This First Amended and Restated Servicing Agreement (this “Agreement”), dated as of January 1, 2006 (the “Effective Date”), is entered into by and between Morgan Stanley Mortgage Capital Inc., a New York corporation having an office at 1633 Broadway, New York, New York 10019 (the “Owner”), and GMAC Mortgage Corporation, a Pennsylvania corporation having an office at 100 Witmer Road, Horsham, Pennsylvania 19044 (the “Servicer”).
MORGAN STANLEY CAPITAL I INC. MORTGAGE PASS-THROUGH CERTIFICATES Series 2007-13 UNDERWRITING AGREEMENTUnderwriting Agreement • November 15th, 2007 • Morgan Stanley Mortgage Loan Trust 2007-13 • Asset-backed securities • New York
This Agreement may be signed in any number of counterparts, each of which shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument.
ASSIGNMENT, ASSUMPTION AND RECOGNITION AGREEMENTAssignment, Assumption and Recognition Agreement • November 15th, 2007 • Morgan Stanley Mortgage Loan Trust 2007-13 • Asset-backed securities • New York
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (this “Assignment”), dated as of September 1, 2007 among Morgan Stanley Mortgage Capital Holdings LLC, successor by merger to Morgan Stanley Mortgage Capital Inc. (“MSMCH” or the “Purchaser”), GMAC Mortgage, LLC, a Delaware limited liability company, as successor by merger to GMAC Mortgage Corporation (“Servicer”), and LaSalle Bank National Association (“LaSalle”), as trustee (“Trustee”) of Morgan Stanley Mortgage Loan Trust 2007-13 (the “Trust”) and acknowledged by Wells Fargo Bank, National Association, as master servicer (in such capacity, the “Master Servicer”) and as securities administrator (in such capacity, the “Securities Administrator”) and Morgan Stanley Capital I Inc. (the “Depositor”).
Morgan Stanley Mortgage Capital Inc. and Morgan Stanley Dean Witter Credit Corporation AMENDED AND RESTATED MASTER SERVICING AGREEMENT Dated as of February 1, 2004 Fixed, Adjustable Rate, and Pledged Asset Mortgage Loans Servicer Flow Delivery ProgramMaster Servicing Agreement • November 15th, 2007 • Morgan Stanley Mortgage Loan Trust 2007-13 • Asset-backed securities • New York
This is a AMENDED AND RESTATED MASTER SERVICING AGREEMENT (this “Agreement”), dated and effective as of February 1, 2004 and is by and between Morgan Stanley Mortgage Capital Inc., a New York corporation, as owner (“Owner”), and Morgan Stanley Dean Witter Credit Corporation, a Delaware corporation, as servicer (“Seller”).
Morgan Stanley Mortgage Capital Inc. and Morgan Stanley Credit Corporation THIRD AMENDED AND RESTATED MASTER MORTGAGELoan Purchase Agreement • November 15th, 2007 • Morgan Stanley Mortgage Loan Trust 2007-13 • Asset-backed securities • New York
This is a THIRD AMENDED AND RESTATED MASTER MORTGAGE LOAN PURCHASE AGREEMENT (this “Agreement”), dated as of November 1, 2005, by and between Morgan Stanley Mortgage Capital Inc., a New York corporation having its principal office at 1585 Broadway, New York, New York 10036, and its successors and assigns (“Purchaser”), and Morgan Stanley Credit Corporation, a Delaware corporation having its principal office at 2500 Lake Cook Road, Riverwoods, IL 60015 (“Seller”).
OMNIBUS ASSIGNMENT, ASSUMPTION AND RECOGNITION AGREEMENTPooling and Servicing Agreement • January 10th, 2008 • Morgan Stanley Mortgage Loan Trust 2007-13 • Asset-backed securities • New York
THIS OMNIBUS ASSIGNMENT, ASSUMPTION AND RECOGNITION AGREEMENT, dated as of December 1, 2007 (the “Assignment” or the “Agreement”), and is effective as of January 7, 2008, among Morgan Stanley Mortgage Capital Holdings LLC as successor by merger to Morgan Stanley Mortgage Capital Inc. (“MSMCH” or the “Owner”), Saxon Mortgage Services, Inc., a Texas corporation (“Servicer”), and LaSalle Bank National Association (“LaSalle”), as trustee (in such capacity, the “Trustee”) of each of the Morgan Stanley Mortgage Loan Trusts listed on Schedule 1 hereto (each, a “Trust” and together, the “Trusts”) and acknowledged by Wells Fargo Bank, National Association, as master servicer under each of the Pooling and Servicing Agreement described below (in such capacity, the “Master Servicer”) and as securities administrator (in such capacity, the “Securities Administrator”) and Morgan Stanley Capital I Inc. (the “Depositor”).
ASSIGNMENT, ASSUMPTION AND RECOGNITION AGREEMENTAssignment, Assumption and Recognition Agreement • November 15th, 2007 • Morgan Stanley Mortgage Loan Trust 2007-13 • Asset-backed securities • New York
THIS ASSIGNMENT, ASSUMPTION AND RECOGNITION AGREEMENT (this “Assignment”), dated as of September 1, 2007 is entered into among Morgan Stanley Capital I Inc., a Delaware corporation (the “Depositor”), Morgan Stanley Mortgage Capital Holdings LLC, successor-in-interest by merger to Morgan Stanley Mortgage Capital Inc. (“MSMCH”), Morgan Stanley Credit Corporation as seller (in such capacity, the “Seller”) and servicer (in such capacity, the “Servicer”), and acknowledged by LaSalle Bank National Association, as trustee (the “Trustee”) of Morgan Stanley Mortgage Loan Trust 2007-13 (the “Trust”), and Wells Fargo Bank, National Association, as master servicer (or any successor master servicer, the “Master Servicer”).
ASSIGNMENT, ASSUMPTION AND RECOGNITION AGREEMENTAssignment, Assumption and Recognition Agreement • November 15th, 2007 • Morgan Stanley Mortgage Loan Trust 2007-13 • Asset-backed securities • New York
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (this “Assignment”), dated as of September 1, 2007 among Morgan Stanley Mortgage Capital Holdings LLC, successor by merger to Morgan Stanley Mortgage Capital Inc. (“MSMCH” or the “Purchaser”), Saxon Mortgage Services, Inc., a Texas corporation (“Servicer”), and LaSalle Bank National Association (“LaSalle”), as trustee (“Trustee”) of Morgan Stanley Mortgage Loan Trust 2007-13 (the “Trust”) and acknowledged by Wells Fargo Bank, National Association, as master servicer (in such capacity, the “Master Servicer”) and as securities administrator (in such capacity, the “Securities Administrator”) and Morgan Stanley Capital I Inc. (the “Depositor”).
ASSIGNMENT AND RECOGNITION AGREEMENTAssignment and Recognition Agreement • November 15th, 2007 • Morgan Stanley Mortgage Loan Trust 2007-13 • Asset-backed securities • New York
THIS ASSIGNMENT AND RECOGNITION AGREEMENT (this “Agreement”), dated of September 1, 2007, is entered into among Morgan Stanley Capital I Inc., a Delaware corporation (the “Assignee”), Morgan Stanley Mortgage Capital Holdings LLC, successor by merger to Morgan Stanley Capital Inc. (the “Assignor”), Fifth Third Mortgage Company, an Ohio corporation (the “Company”), and acknowledged by LaSalle Bank National Association, as trustee (the “Trustee”) of Morgan Stanley Mortgage Loan Trust 2007-13 (the “Trust”), and Wells Fargo Bank, National Association, as master servicer (or any successor master servicer, the “Master Servicer”):
MORGAN STANLEY CAPITAL I INC. Depositor WELLS FARGO BANK, NATIONAL ASSOCIATION Master Servicer and Securities Administrator and LASALLE BANK NATIONAL ASSOCIATION Trustee and a Custodian POOLING AND SERVICING AGREEMENT Dated as of September 1, 2007...Pooling and Servicing Agreement • November 15th, 2007 • Morgan Stanley Mortgage Loan Trust 2007-13 • Asset-backed securities • New York
This POOLING AND SERVICING AGREEMENT, dated as of September 1, 2007 (the “Agreement”), by and among MORGAN STANLEY CAPITAL I INC., a Delaware corporation, as depositor (the “Depositor”), LASALLE BANK NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee”), and as a custodian (a “Custodian”) and WELLS FARGO BANK, NATIONAL ASSOCIATION, in its separate capacities as master servicer (the “Master Servicer”), as securities administrator (the “Securities Administrator”) and acknowledged by MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC, a New York corporation, as seller (the “Seller”), for purposes of Section 2.05.
MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC, Purchaser MORGAN STANLEY CREDIT CORPORATION, Servicer and Seller LASALLE BANK NATIONAL ASSOCIATION, Trustee WELLS FARGO BANK, NATIONAL ASSOCIATION, Master Servicer and Securities Administrator and WELLS...Custodial Agreement • March 19th, 2008 • Morgan Stanley Mortgage Loan Trust 2007-13 • Asset-backed securities • New York
THIS CUSTODIAL AGREEMENT, dated as of September 1, 2007 (“Agreement”), by and among Morgan Stanley Mortgage Capital Holdings LLC, having an address at 1221 Avenue of the Americas, 27th Floor, New York, New York 10020, successor by merger to Morgan Stanley Mortgage Capital Inc. (the “Purchaser”), Morgan Stanley Credit Corporation (formerly known as Morgan Stanley Dean Witter Credit Corporation), having an address at 2500 Lake Cook Road, Riverwoods, Illinois 60015 (“MSCC”, a “Servicer” and a “Seller”), LaSalle Bank National Association having an address at 135 South LaSalle Street, Suite 1511, Chicago, Illinois 60603 (the “Trustee”), Wells Fargo Bank, National Association, having an address at 9062 Old Annapolis Road, Columbia, Maryland 21045 (the “Master Servicer” and the “Securities Administrator”) and Wells Fargo Bank, National Association, a national banking association chartered under the laws of the United States of America, having an address at 24 Executive Park, Suite 100, Irvine
ASSIGNMENT, ASSUMPTION AND RECOGNITION AGREEMENTAssignment, Assumption and Recognition Agreement • November 15th, 2007 • Morgan Stanley Mortgage Loan Trust 2007-13 • Asset-backed securities • New York
THIS ASSIGNMENT, ASSUMPTION AND RECOGNITION AGREEMENT (this “Assignment”), dated as of September 1, 2007, is entered into among Morgan Stanley Capital I Inc., a Delaware corporation (the “Depositor”), Morgan Stanley Mortgage Capital Holdings LLC, successor by merger to Morgan Stanley Mortgage Capital Inc. (“MSMCH”), First National Bank of Nevada, as seller (the “Seller”), and acknowledged by LaSalle Bank National Association, as trustee (the “Trustee”) of Morgan Stanley Mortgage Loan Trust 2007-13 (the “Trust”).
ASSIGNMENT, ASSUMPTION AND RECOGNITION AGREEMENTAssignment, Assumption and Recognition Agreement • November 15th, 2007 • Morgan Stanley Mortgage Loan Trust 2007-13 • Asset-backed securities • New York
THIS ASSIGNMENT, ASSUMPTION AND RECOGNITION AGREEMENT (this “Assignment”), dated of September 1, 2007 is entered into among Morgan Stanley Capital I Inc., a Delaware corporation (the “Depositor”), Morgan Stanley Mortgage Capital Holdings LLC, successor by merger to Morgan Stanley Mortgage Capital Inc. (“MSMCH”), US Bank, N.A. as seller (the “Seller”), and acknowledged by LaSalle Bank National Association, as trustee (the “Trustee”) of Morgan Stanley Mortgage Loan Trust 2007-13 (the “Trust”).
SECOND AMENDED AND RESTATED MASTER MORTGAGE LOAN PURCHASE AND WARRANTIES AGREEMENT MORGAN STANLEY MORTGAGE CAPITAL INC., Purchaser FIRST NATIONAL BANK OF NEVADA Seller Dated as of April 1, 2006 Conventional, Fixed and Adjustable Rate Residential...Indemnification and Contribution Agreement • November 15th, 2007 • Morgan Stanley Mortgage Loan Trust 2007-13 • Asset-backed securities • New York
This SECOND AMENDED AND RESTATED MASTER MORTGAGE LOAN PURCHASE AND WARRANTIES AGREEMENT (“Agreement”), dated as of April 1, 2006, by and between MORGAN STANLEY MORTGAGE CAPITAL INC., a New York corporation (the “Purchaser”), and FIRST NATIONAL BANK OF NEVADA, a national banking association (the “Seller”).
ASSIGNMENT, ASSUMPTION AND RECOGNITION AGREEMENTAssignment, Assumption and Recognition Agreement • November 15th, 2007 • Morgan Stanley Mortgage Loan Trust 2007-13 • Asset-backed securities • New York
THIS ASSIGNMENT, ASSUMPTION AND RECOGNITION AGREEMENT (this “Assignment”), dated as of September 1, 2007, is entered into among Morgan Stanley Capital I Inc., a Delaware corporation (the “Depositor”), Morgan Stanley Mortgage Capital Holdings LLC, successor-by-merger to Morgan Stanley Mortgage Capital Inc. (“MSMCH”), GreenPoint Mortgage Funding, Inc. as seller (the “Seller”), and acknowledged by LaSalle Bank National Association, as trustee (the “Trustee”) of Morgan Stanley Mortgage Loan Trust 2007-13 (the “Trust”).
