0000899681-03-000138 Sample Contracts

Depositor
Pooling and Servicing Agreement • March 17th, 2003 • Bear Stearns Asset Backed Securities Inc • Asset-backed securities • New York
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BEAR STEARNS
Bear Stearns Asset Backed Securities Inc • March 17th, 2003 • Asset-backed securities • New York

DATE: TO: ATTENTION: TELEPHONE: FACSIMILE: FROM: TELEPHONE: FACSIMILE: SUBJECT: REFERENCE NUMBER: February 27, 2003 Bear Stearns Asset Backed Securities Trust 2003-1 JP Morgan Chase Bank, as Trustee Mary Boyle 212-623-4524 212-623-5931 Derivatives Documentation 212-272-2711 212-272-9857 Fixed Income Derivatives Confirmation and Agreement FXNEC5108

ASSIGNMENT AND ASSUMPTION AGREEMENT
Assignment and Assumption Agreement • March 17th, 2003 • Bear Stearns Asset Backed Securities Inc • Asset-backed securities • New York

THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the “Agreement”), dated February 28, 2003, among EMC Mortgage Corporation, a Delaware corporation (the “Assignor”), JPMorgan Chase Bank, as trustee (in such capacity the “Trustee”) for the holders of Bear Stearns Asset-Backed Securities Trust 2003-1, Asset-Backed Certificates, Series 2003-1 (the “Assignee”)(the “Assignee”), and Wells Fargo Home Mortgage, Inc. (the “Company”):

BEAR STEARNS ASSET BACKED SECURITIES, INC. Asset-Backed Securities, Series 2003-1 UNDERWRITING AGREEMENT
Underwriting Agreement • March 17th, 2003 • Bear Stearns Asset Backed Securities Inc • Asset-backed securities • New York

Bear Stearns Asset Backed Securities, Inc., a Delaware corporation (“BSABS”), proposes to cause to be issued and to sell to you, as underwriter (the “Underwriter”), the Asset-Backed Certificates, Series 2003-1, having the classes specified on Exhibit A hereto and described in Section 2 hereof (the “Public Certificates”) having the characteristics set forth in the Prospectus Supplement (as defined below), evidencing ownership interests in a trust consisting of mortgage notes and the related mortgages acquired by BSABS (the “Mortgage Loans”) and other related property (collectively, the “Trust Fund”). The Mortgage Loans will be of the type and will have the characteristics described in the Prospectus Supplement, subject to the variances, ranges, minimums and maximums set forth in the Prospectus Supplement, and will have the aggregate principal balance set forth in the Prospectus Supplement, subject to an upward or downward variance in principal balance, not to exceed the percentage set f

ASSIGNMENT, ASSUMPTION AND RECOGNITION AGREEMENT
Assignment, Assumption and Recognition Agreement • March 17th, 2003 • Bear Stearns Asset Backed Securities Inc • Asset-backed securities • New York

This is an Assignment, Assumption and Recognition Agreement (this “AAR Agreement”) made as of February 28, 2003, among EMC Mortgage Corporation (the “Assignor”), JPMorgan Chase Bank, as trustee (in such capacity, the “Trustee”) for the holders of the Certificates referred to below (the “Assignee”), and Irwin Union Bank and Trust Company (the “Company”).

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