ASSET EXCHANGE AGREEMENTAsset Exchange Agreement • March 31st, 2010 • Capital Crossing Preferred Corp • Real estate • New York
THIS ASSET EXCHANGE AGREEMENT is made as of the 18th day of November, 2009, by AURORA BANK FSB, a Federally chartered savings institution (“Aurora”) and CAPITAL CROSSING PREFERRED CORPORATION, a Massachusetts corporation (“CCPC”). Aurora and CCPC are sometimes referred to herein singly as a “Party” and collectively as the “Parties”.
TERMINATIONAsset Exchange Agreement • March 31st, 2010 • Capital Crossing Preferred Corp • Real estate
Reference is hereby made to that certain Asset Exchange Agreement, dated as of February 5, 2009 (the “Asset Exchange Agreement”), by and between Lehman Brothers Bank, FSB, a Federally chartered savings institution that has since changed its name to Aurora Bank FSB (“Aurora”), and Capital Crossing Preferred Corporation, a Massachusetts corporation (“CCPC”). Capitalized terms used and not otherwise defined herein shall have the meanings set forth in the Asset Exchange Agreement. Pursuant to Section 8.01(a) of the Asset Exchange Agreement, Aurora and CCPC hereby mutually consent and agree to the termination of the Asset Exchange Agreement effective immediately. Aurora and CCPC acknowledge that all rights and obligations of the Parties under the Asset Exchange Agreement have been terminated without any Liability of any Party to any other Party.
AMENDED AND RESTATED ADVISORY AGREEMENTAdvisory Agreement • March 31st, 2010 • Capital Crossing Preferred Corp • Real estate • New York
THIS AMENDED AND RESTATED ADVISORY AGREEMENT, is dated as of March 29, 2010 and effective as of January 1, 2010, by and between CAPITAL CROSSING PREFERRED CORPORATION (as successor to Atlantic Preferred Capital Corporation, the “Company”), and AURORA BANK FSB (as successor to Atlantic Bank and Trust Company, the “Advisor”). As of the date hereof, this Agreement amends and restates in its entirety that certain Advisory Agreement dated as of March 31, 1998 by and between the Company and the Advisor. Capitalized terms used herein shall have the meanings set forth in Section 1 of this Agreement.
AMENDED AND RESTATED MASTER SERVICE AGREEMENTMaster Service Agreement • March 31st, 2010 • Capital Crossing Preferred Corp • Real estate • New York
For consideration of services provided by the Servicer on behalf of the Customer pursuant to the terms and conditions of the Agreement, Servicer shall be entitled to retain from remittance hereunder as contemplated in Section 9 above (or the Customer shall, to the extent funds retained by the Servicer pursuant to Section 9 above are insufficient, pay the Servicer within ten (10) Business Days of receipt by the Customer of a related invoice) the following fees with respect to each mortgage loan subject hereto:
