NOVASTAR MORTGAGE FUNDING CORPORATION, as Depositor NOVASTAR MORTGAGE, INC., as Servicer and as Sponsor U.S. BANK NATIONAL ASSOCIATION as Custodian and DEUTSCHE BANK NATIONAL TRUST COMPANY as Trustee POOLING AND SERVICING AGREEMENT Dated as of...Pooling and Servicing Agreement • April 9th, 2007 • Novastar Mortgage Funding Trust, Series 2007-1 • Asset-backed securities • New York
With respect to each Class of Reallocable Certificates and its corresponding Class of Class N Certificates, such Certificate Principal Balance shall be allocated between the two based upon the Percentage Interests previously subject to Reallocation (with such Certificate Principal Balances initially allocated entirely to the corresponding Class N Certificates). For all purposes of this Agreement other than as specifically provided herein or than as deemed necessary by the Trustee in connection with the Reallocation mechanics (e.g., for purposes of determining the Principal Distribution Amounts, allocations of Realized Losses, and other rules relating to the calculations of distributions) the distinction between the Reallocable Certificates’ and the corresponding Class of Class N Certificates’ Certificate Principal Balances shall be disregarded, and they shall be considered to be the same.
ISDA® International Swap Dealers Association, Inc. MASTER AGREEMENTMaster Agreement • April 9th, 2007 • Novastar Mortgage Funding Trust, Series 2007-1 • Asset-backed securities • New York
have entered and/or anticipate entering into one of more transactions (each a "Transaction") that are or will be governed by this Master Agreement, which includes the schedule (the "Schedule"), and the documents and other confirming evidence (each a "Confirmation") exchanged between the parties confirming those Transactions.
ISDA® International Swaps and Derivatives Association, Inc. NOVATION AGREEMENT dated as of February 28, 2007 among:Novation Agreement • April 9th, 2007 • Novastar Mortgage Funding Trust, Series 2007-1 • Asset-backed securities • New York
The Transferor and the Remaining Party have entered into one or more Transactions (each an "Old Transaction"), each evidenced by a Confirmation (an "Old Confirmation") attached hereto as Exhibit I and subject to a 1992 ISDA Master Agreement dated as of September 15, 2003 (the "Old Agreement").
NOVASTAR MORTGAGE, INC. as Sponsor, NOVASTAR MORTGAGE FUNDING CORPORATION as Depositor, as Custodian and DEUTSCHE BANK NATIONAL TRUST COMPANY as Trustee MORTGAGE LOAN PURCHASE AGREEMENT Dated as of February 1, 2007 Fixed and Adjustable Rate Mortgage...Mortgage Loan Purchase Agreement • April 9th, 2007 • Novastar Mortgage Funding Trust, Series 2007-1 • Asset-backed securities • New York
Deutsche Bank Securities Inc. 60 Wall Street New York, New York 10005 Greenwich Capital Markets, Inc. 600 Steamboat Road Greenwich, Connecticut 06830 Wachovia Capital Markets, LLC 301 South College Street, NC0610 Charlotte, North Carolina 28288-0610Novastar Mortgage Funding Trust, Series 2007-1 • April 9th, 2007 • Asset-backed securities • New York
ISDA® International Swaps and Derivatives Association, Inc. NOVATION AGREEMENT dated as of February 28, 2007 among:Novation Agreement • April 9th, 2007 • Novastar Mortgage Funding Trust, Series 2007-1 • Asset-backed securities • New York
The Remaining Party and the Transferor are parties to a 1992 ISDA Master dated as of July 19, 2006 (the “Old Agreement”). The Remaining Party and the Transferor originally entered into certain transactions (each an "Old Transaction") under the Old Agreement, each evidenced by a Confirmation (an "Old Confirmation") with reference number D16120156, D16120161, D16126990, D16126995, D16139827, D16139828, D16141301, D16155893, D16165622, D16165623 respectively, attached hereto as Exhibit I.
BACKUP SERVICING AGREEMENTBackup Servicing Agreement • April 9th, 2007 • Novastar Mortgage Funding Trust, Series 2007-1 • Asset-backed securities • New York
