STRUCTURED ASSET MORTGAGE INVESTMENTS II INC., Depositor, DEUTSCHE BANK NATIONAL TRUST COMPANY, Trustee, WELLS FARGO BANK, NATIONAL ASSOCIATION Master Servicer and Securities Administrator, and MORTGAGEIT, INC. Seller and Company AMENDMENT NO. 1 dated...
STRUCTURED ASSET MORTGAGE INVESTMENTS II INC.,
Depositor,
DEUTSCHE BANK NATIONAL TRUST COMPANY,
Trustee,
XXXXX FARGO BANK, NATIONAL ASSOCIATION
Master Servicer and Securities Administrator,
and
MORTGAGEIT, INC.
Seller and Company
AMENDMENT NO. 1
dated as of January 5, 2006
Amending the
POOLING AND SERVICING AGREEMENT
among the Depositor, the Trustee, the Master Servicer, the Securities Administrator,
the Seller and the Company
Dated as of November 1, 2005
Mortgage Pass-Through Certificates
Series 2005-AR1
AMENDMENT NO. 1 ("Amendment"), dated as of the 5th day of January, 2006, to the Agreement (defined below). Capitalized terms used herein shall have the meanings given thereto in the Agreement.
WHEREAS, STRUCTURED ASSET MORTGAGE INVESTMENTS II INC., as depositor (the "Depositor"), DEUTSCHE BANK NATIONAL TRUST COMPANY, as trustee (the “Trustee”), XXXXX FARGO BANK, NATIONAL ASSOCIATION, as master servicer (in such capacity, the “Master Servicer”) and as securities administrator (in such capacity, the “Securities Administrator”), and MORTGAGEIT, INC., as seller (in such capacity, the “Seller”) and as company (in such capacity, the “Company”) entered into a Pooling and Servicing Agreement, dated as of November 1, 2005 (the "Agreement"), providing for the issuance of MortgageIT Trust 2005-AR1, Mortgage Pass-Through Certificates Series 2005-AR1 (the “Certificates”); and
WHEREAS, Section 11.02(a)(ii) of the Agreement permits the amendment of the Agreement by the Depositor, the Master Servicer, the Securities Administrator and the Trustee, without notice to or the consent of any of the Certificateholders, to correct or supplement any provisions therein that may be defective or inconsistent with any other provisions therein; and
WHEREAS, the Depositor, the Master Servicer, the Securities Administrator and the Trustee wish to amend the Agreement as set forth herein; and
WHEREAS, the execution of this Amendment has been duly authorized by the Depositor, the Master Servicer, the Securities Administrator and the Trustee; and
NOW THEREFORE, the Depositor, the Master Servicer, the Securities Administrator and the Trustee hereby agree as follows:
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Section 1. |
The reference to “3.064%” in the definition of “One-Month LIBOR” is hereby replaced with “4.15938%”.
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Section 2. |
This Amendment may be executed in any number of counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have caused their names to be signed hereto by their officers thereunto duly authorized and their seal, duly attested, to be hereunto affixed, all as of the day and year first above written.
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STRUCTURED ASSET MORTGAGE |
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By: /s/ Xxxxx Xxxxxxxxxxx
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DEUTSCHE BANK NATIONAL TRUST |
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By: /s/ Xxxxxxx Xxxxxxxx
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XXXXX FARGO BANK, NATIONAL |
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By: /s/ Xxxxxxx Xxxxxx
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XXXXX FARGO BANK, NATIONAL |
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By: /s/ Xxxxxxx Xxxxxx
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MORTGAGEIT, INC. |
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By: /a/ Xxxxxx X. Xxxx
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STATE OF NEW YORK |
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COUNTY OF NEW YORK |
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On the 5th day of January, 2006, before me, a notary public in and for said State, personally appeared Xxxxx Xxxxxxxxxxx, known to me to be a Vice President of Structured Asset Mortgage Investments II Inc., the corporation that executed the within instrument, and also known to me to be the person who executed it on behalf of said corporation, and acknowledged to me that such corporation executed the within instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written.
/s/ Xxxxxxxx Xxxxxxxx
Notary Public
[Notarial Seal]
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STATE OF NEW YORK |
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COUNTY OF NEW YORK |
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On the 5th day of January, 2006, before me, a notary public in and for said State, personally appeared Xxxxxxx Xxxxxxxx, known to me to be a Vice President of Deutsche Bank National Trust Company, the entity that executed the within instrument, and also known to me to be the person who executed it on behalf of said entity, and acknowledged to me that such entity executed the within instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
/s/ Xxx Xxxx Xxxxxxxx
Notary Public
[Notarial Seal]
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STATE OF MARYLAND |
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COUNTY OF BALTIMORE |
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On the 5th day of January, 2006, before me, a notary public in and for said State, personally appeared Xxxxxxx Xxxxxx, known to me to be an Assistant Vice President of Xxxxx Fargo Bank, National Association, the entity that executed the within instrument, and also known to me to be the person who executed it on behalf of said entity, and acknowledged to me that such entity executed the within instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
/s/ Xxxxx X. Xxxxxx
Notary Public
[Notarial Seal]
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STATE OF MARYLAND |
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COUNTY OF BALTIMORE |
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On the 5th day of January, 2006, before me, a notary public in and for said State, personally appeared Xxxxxxx Xxxxxx, known to me to be an Assistant Vice President of Xxxxx Fargo Bank, National Association, the entity that executed the within instrument, and also known to me to be the person who executed it on behalf of said entity, and acknowledged to me that such entity executed the within instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written.
/s/ Xxxxx X. Xxxxxx
Notary Public
[Notarial Seal]
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STATE OF NEW YORK |
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COUNTY OF NEW YORK |
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On the 5th day of January, 2006, before me, a notary public in and for said State, personally appeared Xxxxxx Xxxx, known to me to be Chief Financial Officer of MortgageIT, Inc., the corporation that executed the within instrument, and also known to me to be the person who executed it on behalf of said corporation, and acknowledged to me that such corporation executed the within instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written.
/s/ Xxxx Xxxxxxx
Notary Public
[Notarial Seal]
