0001144204-06-010325 Sample Contracts

MASTER REPURCHASE AGREEMENT Dated as of January 5, 2006 Among: NEW YORK MORTGAGE FUNDING, LLC, as Seller, THE NEW YORK MORTGAGE COMPANY, LLC, as Seller, NEW YORK MORTGAGE TRUST, INC., as Seller and GREENWICH CAPITAL FINANCIAL PRODUCTS, INC., as Buyer
Master Repurchase Agreement • March 16th, 2006 • New York Mortgage Trust Inc • Real estate investment trusts • New York

MASTER REPURCHASE AGREEMENT, dated as of January 5, 2006, among New York Mortgage Funding, LLC, a Delaware limited liability company, The New York Mortgage Company, LLC, a New York limited liability company and New York Mortgage Trust, Inc., a Maryland corporation (each, a “Seller”, and jointly and severally, the “Sellers”) and Greenwich Capital Financial Products, Inc., a Delaware corporation (“Buyer”, which term shall include any “Principal” as defined and provided for in Annex I), or as agent pursuant hereto (“Agent”),

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AMENDED AND RESTATED CUSTODIAL AGREEMENT By and Among THE NEW YORK MORTGAGE COMPANY, LLC as a Seller NEW YORK MORTGAGE FUNDING, LLC as a Seller NEW YORK MORTGAGE TRUST, INC. as a Seller LASALLE BANK, NATIONAL ASSOCIATION as Custodian and Disbursement...
Custodial Agreement • March 16th, 2006 • New York Mortgage Trust Inc • Real estate investment trusts • New York

The Sellers and the Buyer are parties to the Master Repurchase Agreement, dated as of the date hereof (as amended, supplemented or otherwise modified and in effect from time to time, the “Master Repurchase Agreement”), pursuant to which the Buyer has agreed, subject to the terms and conditions of the Master Repurchase Agreement, to enter into Transactions (as defined therein) for the purchase and sale of Purchased Loans (as defined therein). This Amended and Restated Custodial Agreement shall replace that certain Custodial Agreement, dated as of May 1, 2004 among NYMC, the Custodian and the Buyer.

MASTER REPURCHASE AGREEMENT Among: DB STRUCTURED PRODUCTS, INC., as Buyer ASPEN FUNDING CORP., as Buyer NEWPORT FUNDING CORP., as Buyer NEW YORK MORTGAGE TRUST, INC., as Guarantor And NYMC LOAN CORPORATION, as Seller Dated as of December 13, 2005
Master Repurchase Agreement • March 16th, 2006 • New York Mortgage Trust Inc • Real estate investment trusts • New York

DB STRUCTURED PRODUCTS, INC. (“DBSP”), ASPEN FUNDING CORP. (“Aspen”), NEWPORT FUNDING CORP. (“Newport” and collectively with DBSP and Aspen, the “Buyers” and individually, a “Buyer,” which term shall include any “Principal” as defined and provided for in Annex I), or as agent pursuant hereto (“Agent”),

CUSTODIAL AGREEMENT Among: DB STRUCTURED PRODUCTS, INC., as Buyer ASPEN FUNDING CORP., as Buyer NEWPORT FUNDING CORP., as Buyer NYMC LOAN CORPORATION, as Seller NEW YORK MORTGAGE TRUST, INC., as Guarantor and LASALLE BANK NATIONAL ASSOCIATION, as...
Custodial Agreement • March 16th, 2006 • New York Mortgage Trust Inc • Real estate investment trusts • New York

Seller, Buyers and Guarantor are parties to the Master Repurchase Agreement, dated as of December 13, 2005 (as amended, supplemented or otherwise modified and in effect from time to time, the “Repurchase Agreement”), pursuant to which Buyers and Seller have agreed, subject to the terms and conditions of the Repurchase Agreement, to enter into Transactions (as defined therein) in which Buyers have agreed to purchase from time to time from Seller certain Loans, with a simultaneous agreement by Seller to repurchase such Loans.

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