UNDERWRITING AGREEMENTUnderwriting Agreement • November 23rd, 2005 • Bayview Financial Mortage Pass-Through Trust 2005-D • Asset-backed securities • New York
MORTGAGE LOAN PURCHASE AGREEMENTMortgage Loan Purchase Agreement • November 23rd, 2005 • Bayview Financial Mortage Pass-Through Trust 2005-D • Asset-backed securities • New York
THIS MORTGAGE LOAN PURCHASE AGREEMENT (this “Agreement”) is dated as of October 1, 2005, between Bayview Financial Securities Company, LLC, a Delaware limited liability company (the “Purchaser”), and Bayview Financial, L.P., a Delaware limited partnership (the “Seller”).
MORTGAGE LOAN DILIGENCE AGREEMENT (BAYVIEW FINANCIAL REVOLVING ASSET TRUST 2003-G, AND BAYVIEW FINANCIAL REVOLVING ASSET TRUST 2005-A)Mortgage Loan Diligence Agreement • November 23rd, 2005 • Bayview Financial Mortage Pass-Through Trust 2005-D • Asset-backed securities • New York
This Mortgage Loan Diligence Agreement is dated November 10, 2005 (this “Agreement”), is entered into by and between Bayview Financial, L.P., a Delaware limited partnership (“Bayview” or the “Agent”), and Bayview Financial Securities Company, LLC, a Delaware limited liability company (the “Depositor”).
SERVICING AGREEMENT between BAYVIEW FINANCIAL, L.P. as Owner and BAYVIEW LOAN SERVICING, LLC as Servicer Dated as of October 1, 2005Servicing Agreement • November 23rd, 2005 • Bayview Financial Mortage Pass-Through Trust 2005-D • Asset-backed securities • New York
THIS SERVICING AGREEMENT is made as of the 1st day of October, 2005 by and between Bayview Financial, L.P. (“Bayview”), and Bayview Loan Servicing, LLC (herein, the “Servicer”).
CONFIRMATION AGREEMENTAssignment, Assumption and Recognition Agreement • November 23rd, 2005 • Bayview Financial Mortage Pass-Through Trust 2005-D • Asset-backed securities • New York
On this 1st day of October, 2005, Bayview Financial, L.P. (the “Owner”) as the Owner under that certain Flow Servicing Agreement (Non-Full Recourse) dated as of March 1, 2005 (the “Agreement”), does hereby transfer to M&T Mortgage Corporation (the “Servicer”) as Servicer under the Agreement, the servicing responsibilities related to the Mortgage Loans listed on the mortgage loan schedule attached hereto as Exhibit A, which shall supplement the Mortgage Loan Schedule. The Servicer hereby accepts the servicing responsibilities transferred hereby and on the date hereof assumes all servicing responsibilities related to the Mortgage Loans identified on the attached mortgage loan schedule all in accordance with the Agreement, as modified by Paragraph 3 below.
POOLING AND SERVICING AGREEMENT among BAYVIEW FINANCIAL SECURITIES COMPANY, LLC, as Depositor WELLS FARGO BANK, N.A., as Master Servicer and WACHOVIA BANK, NATIONAL ASSOCIATION, not in its individual capacity, but solely as Trustee BAYVIEW FINANCIAL...Pooling and Servicing Agreement • November 23rd, 2005 • Bayview Financial Mortage Pass-Through Trust 2005-D • Asset-backed securities • New York
INSURANCE AND INDEMNITY AGREEMENTInsurance and Indemnity Agreement • November 23rd, 2005 • Bayview Financial Mortage Pass-Through Trust 2005-D • Asset-backed securities • New York
INSURANCE AND INDEMNITY AGREEMENT (as may be amended, modified or supplemented from time to time, this “Insurance Agreement”), dated as of November 10, 2005, by and among FINANCIAL GUARANTY INSURANCE COMPANY, as Certificate Insurer, BAYVIEW FINANCIAL, L.P., as Seller, BAYVIEW FINANCIAL SECURITIES COMPANY, LLC, as Depositor and WACHOVIA BANK, NATIONAL ASSOCIATION, as Trustee.
ContractAssignment Agreement • November 23rd, 2005 • Bayview Financial Mortage Pass-Through Trust 2005-D • Asset-backed securities • New York
This ASSIGNMENT AGREEMENT (the “Assignment Agreement”) is made as of October 1, 2005, by and between Bayview Financial Property Trust II, a Delaware statutory trust, as assignor (“BFPT II” or the “Assignor”) and Bayview Financial Securities Company, LLC, a Delaware limited liability company, as assignee (the “Assignee”).
