0000950123-04-001763 Sample Contracts

BY AND AMONG
Contribution Agreement • February 13th, 2004 • New York Mortgage Trust Inc • Real estate investment trusts • New York
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SIXTH AMENDED CREDIT AND SECURITY AGREEMENT
Credit and Security Agreement • February 13th, 2004 • New York Mortgage Trust Inc • Real estate investment trusts
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AGREEMENT BY AND AMONG
Agreement • February 13th, 2004 • New York Mortgage Trust Inc • Real estate investment trusts • New York
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GUARANTY STEVEN SCHNALL
New York Mortgage Trust Inc • February 13th, 2004 • Real estate investment trusts • New York

This Guaranty is, and is intended to be, a continuing guaranty of the payment of the Indebtedness (irrespective of the aggregate amount thereof) independent of and in addition to any other guaranty, indorsement or collateral held by Secured Party therefor whether or not furnished by the undersigned. The undersigned shall have no right of subrogation with respect to any payments made by the undersigned hereunder until all of the Indebtedness is paid in full.

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and
Custodial Agreement • February 13th, 2004 • New York Mortgage Trust Inc • Real estate investment trusts • New York
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HSBC BANK USA AND
New York Mortgage Trust Inc • February 13th, 2004 • Real estate investment trusts • New York

This Guaranty is, and is intended to be, a continuing guaranty of the payment of the Indebtedness (irrespective of the aggregate amount thereof) independent of and in addition to any other guaranty, indorsement or collateral held by Secured Party therefor whether or not furnished by the undersigned. The undersigned shall have no right of subrogation with respect to any payments made by the undersigned hereunder until all of the Indebtedness is paid in full.

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FOURTH AMENDED GUARANTY JOSEPH V. FIERRO
New York Mortgage Trust Inc • February 13th, 2004 • Real estate investment trusts • New York

This Guaranty is, and is intended to be, a continuing guaranty of the payment of the Indebtedness (irrespective of the aggregate amount thereof) independent of and in addition to any other guaranty, indorsement or collateral held by Secured Party therefor whether or not furnished by the undersigned. The undersigned shall have no right of subrogation with respect to any payments made by the undersigned hereunder until all of the Indebtedness is paid in full.

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HSBC BANK USA AND
New York Mortgage Trust Inc • February 13th, 2004 • Real estate investment trusts • New York

This Guaranty is, and is intended to be, a continuing guaranty of the payment of the Indebtedness (irrespective of the aggregate amount thereof) independent of and in addition to any other guaranty, indorsement or collateral held by Secured Party therefor whether or not furnished by the undersigned. The undersigned shall have no right of subrogation with respect to any payments made by the undersigned hereunder until all of the Indebtedness is paid in full.

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EXHIBIT 10.77 MASTER MORTGAGE LOAN PURCHASE AND INTERIM SERVICING AGREEMENT
Interim Servicing Agreement • February 13th, 2004 • New York Mortgage Trust Inc • Real estate investment trusts • New York
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HSBC BANK USA AND
New York Mortgage Trust Inc • February 13th, 2004 • Real estate investment trusts • New York

This Guaranty is, and is intended to be, a continuing guaranty of the payment of the Indebtedness (irrespective of the aggregate amount thereof) independent of and in addition to any other guaranty, indorsement or collateral held by Secured Party therefor whether or not furnished by the undersigned. The undersigned shall have no right of subrogation with respect to any payments made by the undersigned hereunder until all of the Indebtedness is paid in full.

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HSBC BANK USA AND
New York Mortgage Trust Inc • February 13th, 2004 • Real estate investment trusts • New York

This Guaranty is, and is intended to be, a continuing guaranty of the payment of the Indebtedness (irrespective of the aggregate amount thereof) independent of and in addition to any other guaranty, indorsement or collateral held by Secured Party therefor whether or not furnished by the undersigned. The undersigned shall have no right of subrogation with respect to any payments made by the undersigned hereunder until all of the Indebtedness is paid in full.

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SUBORDINATION AND PLEDGE AGREEMENT ____________________________________________ ____________________________________
And Pledge Agreement • February 13th, 2004 • New York Mortgage Trust Inc • Real estate investment trusts • New York
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HSBC BANK USA AND
New York Mortgage Trust Inc • February 13th, 2004 • Real estate investment trusts • New York

This Guaranty is, and is intended to be, a continuing guaranty of the payment of the Indebtedness (irrespective of the aggregate amount thereof) independent of and in addition to any other guaranty, indorsement or collateral held by Secured Party therefor whether or not furnished by the undersigned. The undersigned shall have no right of subrogation with respect to any payments made by the undersigned hereunder until all of the Indebtedness is paid in full.

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and
Credit and Security Agreement • February 13th, 2004 • New York Mortgage Trust Inc • Real estate investment trusts • New York
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CREDIT NOTE
New York Mortgage Trust Inc • February 13th, 2004 • Real estate investment trusts • New York

FOR VALUE RECEIVED, the undersigned, THE NEW YORK MORTGAGE COMPANY LLC, a limited liability company organized under the laws of the State of New York, whose address is 1301 Avenue of the Americas, 7th Floor, New York, New York 10019 (the "Company"), promises to pay to the order of NATIONAL CITY BANK OF KENTUCKY, a national banking association, whose address is 101 South Fifth Street, Louisville, Kentucky 40202 ("National City") on or before June 30, 2004, or such earlier date as is provided for in the Credit Agreement as hereinafter defined ("Maturity Date"), in lawful money of the United States of America, the principal sum of TWENTY FIVE MILLION DOLLARS ($25,000,000.00), or the aggregate unpaid principal amount of all advances by National City to the Company pursuant to the Credit and Security Agreement among National City, HSBC Bank USA ("HSBC), HSBC as Agent, National City as Documentation Agent, and the Company dated as of even date herewith (as such agreement may be amended, rest

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AND
New York Mortgage Trust Inc • February 13th, 2004 • Real estate investment trusts • New York

FOR VALUE RECEIVED, the undersigned, THE NEW YORK MORTGAGE COMPANY LLC, a limited liability company organized under the laws of the State of New York, whose address is 1301 Avenue of the Americas, 7th Floor, New York, New York 10019 (the "Company"), promises to pay to the order of HSBC BANK USA, a banking corporation organized under the laws of the State of New York, whose address is c/o Mortgage Warehouse Lending Department, One HSBC Center, 27th Floor, Buffalo, New York 14203 ("HSBC") on or before June 30, 2004, or such earlier date as is provided for in the Credit Agreement as hereinafter defined ("Maturity Date"), in lawful money of the United States of America, the principal sum of FIVE MILLION DOLLARS ($5,000,000.00), or the aggregate unpaid principal amount of all advances by HSBC as Swingline Lender to the Company pursuant to the Credit and Security Agreement between HSBC, National City Bank of Kentucky, HSBC as Agent, HSBC as Swingline Lender, and National City Bank of Kentuck

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HSBC BANK USA AND
New York Mortgage Trust Inc • February 13th, 2004 • Real estate investment trusts • New York

FOR VALUE RECEIVED, the undersigned, THE NEW YORK MORTGAGE COMPANY LLC, a limited liability company organized under the laws of the State of New York, whose address is 1301 Avenue of the Americas, 7th Floor, New York, New York 10019 (the "Company"), promises to pay to the order of HSBC BANK USA, a banking corporation organized under the laws of the State of New York, whose address is c/o Mortgage Warehouse Lending Department, One HSBC Center, 27th Floor, Buffalo, New York 14203 ("HSBC") on or before October 10, 2003, or such earlier date as is provided for in the Credit Agreement as hereinafter defined ("Maturity Date"), in lawful money of the United States of America, the principal sum of FIFTEEN MILLION DOLLARS ($15,000,000.00), or the aggregate unpaid principal amount of the Temporary Overadvance made by HSBC to the Company pursuant to Section 2.1B of the Credit and Security Agreement between HSBC and the Company dated as of March 30, 2001, as amended by First Amended Credit and Sec

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CREDIT NOTE
New York Mortgage Trust Inc • February 13th, 2004 • Real estate investment trusts • New York

FOR VALUE RECEIVED, the undersigned, THE NEW YORK MORTGAGE COMPANY LLC, a limited liability company organized under the laws of the State of New York, whose address is 1301 Avenue of the Americas, 7th Floor, New York, New York 10019 (the "Company"), promises to pay to the order of HSBC BANK USA, a New York banking corporation, whose address is Mortgage Warehouse Lending Department, 27th Floor, One HSBC Center, Buffalo, New York 14203 ("HSBC") on or before June 30, 2004, or such earlier date as is provided for in the Credit Agreement as hereinafter defined ("Maturity Date"), in lawful money of the United States of America, the principal sum of TWENTY-FIVE MILLION DOLLARS ($25,000,000.00), or the aggregate unpaid principal amount of all advances by HSBC to the Company pursuant to the Credit and Security Agreement among National City, National City Bank of Kentucky ("National City"), HSBC as Agent, National City as Documentation Agent, and the Company dated as of even date herewith (as su

Sample 1
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