0001193125-04-045739 Sample Contracts

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MASTER REPURCHASE AGREEMENT Between: JPMORGAN CHASE BANK, as Buyer and ABETTERWAYHOME FINANCE, LLC, as Seller Dated as of March 8, 2004
Master Repurchase Agreement • March 19th, 2004 • Homebanc Corp • New York

This is a MASTER REPURCHASE AGREEMENT, dated as of March 8, 2004, between ABETTERWAYHOME FINANCE, LLC, a Delaware limited liability company (the “Seller”) and JPMORGAN CHASE BANK, a New York banking corporation organized under the laws of the State of New York (the “Buyer”).

GRAPHIC] AMENDED AND RESTATED SENIOR SECURED CREDIT AGREEMENT dated as of December 3, 2003 by and among HOMEBANC MORTGAGE CORPORATION and JPMORGAN CHASE BANK, as Administrative Agent, Collateral Agent and a Lender, and the other Lender(s) parties...
Senior Secured Credit Agreement • March 19th, 2004 • Homebanc Corp • Texas

This 12/03 Amended and Restated Senior Secured Credit Agreement (the “12/03 Credit Agreement” and as it may be supplemented, amended or restated, the “Current Credit Agreement” or, within itself, this “Agreement”), whose effective date (the “Effective Date”) is December 3, 2003, among HOMEBANC MORTGAGE CORPORATION (the “ Company”), a Delaware corporation with its principal office at 5555 Glenridge Connector, NE, Suite 800, Atlanta, Georgia 30342, JPMORGAN CHASE BANK (“JPMorgan”), a New York banking corporation, acting herein as a Lender (as defined in Section 1.2) and agent and representative of the other Lenders (in that capacity JPMorgan is called the “Agent”), and such other Lenders as may from time to time be party to this Agreement, recites and provides as follows:

FIRST AMENDED AND RESTATED WAREHOUSING CREDIT AND SECURITY AGREEMENT
Warehousing Credit and Security Agreement • March 19th, 2004 • Homebanc Corp • Minnesota

FIRST AMENDED AND RESTATED WAREHOUSING CREDIT AND SECURITY AGREEMENT, dated as of April 30, 2003 between HOMEBANC MORTGAGE CORPORATION, a Delaware corporation (“Borrower”), and RESIDENTIAL FUNDING CORPORATION, a Delaware corporation (“Lender”).

THIRD AMENDMENT TO FIRST AMENDED AND RESTATED WAREHOUSING CREDIT AND SECURITY AGREEMENT
Warehousing Credit and Security Agreement • March 19th, 2004 • Homebanc Corp

THIRD AMENDMENT TO FIRST AMENDED AND RESTATED WAREHOUSING CREDIT AND SECURITY AGREEMENT (this “Amendment”) dated as of August 6, 2003, between HOMEBANC MORTGAGE CORPORATION, a Delaware corporation (“Borrower”) and RESIDENTIAL FUNDING CORPORATION, a Delaware corporation (“Lender”).

2002 SUMMIT BOULEVARD LEASE AGREEMENT BY AND BETWEEN PERIMETER SUMMIT PARCEL 2 LIMITED PARTNERSHIP, AS LANDLORD AND HOMEBANC MORTGAGE CORPORATION, AS TENANT
Lease Agreement • March 19th, 2004 • Homebanc Corp • Georgia

THIS LEASE AGREEMENT is made and entered into on this 25th day of June, 2003 (the “Effective Date”), by and between PERIMETER SUMMIT PARCEL 2 LIMITED PARTNERSHIP, a Georgia limited partnership, whose address for purposes hereof is Five Ravinia Drive, Atlanta, Georgia 30346-2102 (hereinafter called “Landlord”), and HOMEBANC MORTGAGE CORPORATION, a Delaware corporation, whose address for purposes hereof is 5775-E Glenridge Drive, Suite 500, Atlanta, Georgia 30328, Attention: Vice President of Corporate Administrative Services, prior to the commencement of the term of this lease, and thereafter shall be 2002 Summit Boulevard, Suite 100, Atlanta, Georgia 30319, Attention: Vice President of Corporate Administrative Services (the address of the Premises within the Building) (hereinafter called “Tenant”);

SUBLEASE AGREEMENT
Sublease Agreement • March 19th, 2004 • Homebanc Corp

This Exhibit is attached to and made a part of the Lease dated September 17, 1999, by and between EOP-LAKESIDE OFFICE, L.L.C. (“Landlord”) and FT MORTGAGE COMPANIES, d/b/a HomeBanc Mortgage Corporation (“Tenant”) for space in the Building commonly known as Lakeside located at 5775 Glenridge Drive, Atlanta, Georgia 30328.

AMENDMENT NO. 1 TO LOAN PURCHASE AGREEMENT
Loan Purchase Agreement • March 19th, 2004 • Homebanc Corp

This AMENDMENT NO. 1 (this “Amendment”) by and between COUNTRYWIDE HOME LOANS, INC., a New York corporation, having an address at 4500 Park Granada, Calabasas, California 91302 (“Countrywide”) and HomeBanc Mortgage Corporation, a Delaware corporation, having an address at 5775E Glenridge Drive, Suite 500, Atlanta, Georgia 30328 (“Seller”), is effective as of July 17, 2001. This Amendment modifies that certain Loan Purchase Agreement by and between Countrywide and Seller dated as of July 17, 2001, and as amended from time to time (the “Loan Purchase Agreement”).

AMENDMENT NO. 2 TO EARLY PURCHASE PROGRAM ADDENDUM TO LOAN PURCHASE AGREEMENT
Early Purchase Program Addendum to Loan Purchase Agreement • March 19th, 2004 • Homebanc Corp

This AMENDMENT NO. 2 TO EARLY PURCHASE PROGRAM ADDENDUM TO LOAN PURCHASE AGREEMENT (the “Amendment”) is made and entered into as of August 1, 2003 by and between Countrywide Home Loans, Inc. (“Countrywide”) and HomeBanc Mortgage Corp. (“Seller”). This Amendment amends that certain Early Purchase Program Addendum to Loan Purchase Agreement by and between Countrywide and Seller dated as of April 4, 2002 (the “EPP Addendum”), which such EPP Addendum supplements that certain Loan Purchase Agreement by and between Countrywide and Seller dated as of July 17, 2001 (including all the Commitments, Amendments, Addenda, Assignments of Trade and Assignments thereto, collectively, the “Loan Purchase Agreement”).

AMENDMENT NO. 3 TO EARLY PURCHASE PROGRAM ADDENDUM TO LOAN PURCHASE AGREEMENT
Early Purchase Program Addendum to Loan Purchase Agreement • March 19th, 2004 • Homebanc Corp

This AMENDMENT NO. 3 TO EARLY PURCHASE PROGRAM ADDENDUM TO LOAN PURCHASE AGREEMENT (the “Amendment”) is made and entered into as of October 30, 2003 by and between Countrywide Home Loans, Inc. (“Countrywide”) and HomeBanc Mortgage Corp. (“Seller”). This Amendment amends that certain Early Purchase Program Addendum to Loan Purchase Agreement by and between Countrywide and Seller dated as of April 4, 2002 (the “EPP Addendum”), which such EPP Addendum supplements that certain Loan Purchase Agreement by and between Countrywide and Seller dated as of July 17, 2001 (including all the Commitments, Amendments, Addenda Assignments of Trade and Assignments thereto, collectively, the “Loan Purchase Agreement”).

AMENDMENT NO. 3 TO MASTER REPURCHASE AGREEMENT
Master Repurchase Agreement • March 19th, 2004 • Homebanc Corp • New York

Amendment No. 3, dated as of February 25, 2004 (this “Amendment”), among MERRILL LYNCH MORTGAGE CAPITAL INC. (the “Buyer”) and HOMEBANC MORTGAGE CORPORATION (the “Seller”).

AMENDMENT NO. 4 TO EARLY PURCHASE PROGRAM ADDENDUM TO LOAN PURCHASE AGREEMENT
Early Purchase Program Addendum to Loan Purchase Agreement • March 19th, 2004 • Homebanc Corp

This AMENDMENT NO. 4 TO EARLY PURCHASE PROGRAM ADDENDUM TO LOAN PURCHASE AGREEMENT (the “Amendment”) is made and entered into as of November 26, 2003 by and between Countrywide Home Loans, Inc. (“Countrywide’) and HomeBanc Mortgage Corp. (“Seller”). This Amendment amends that certain Early Purchase Program Addendum to Loan Purchase Agreement by and between Countrywide and Seller dated as of April 4, 2002 (the “EPP Addendum”), which such EPP Addendum supplements that certain Loan Purchase Agreement by and between Countrywide and Seller dated as of July 17, 2001 (including all the Commitments, Amendments, Addenda, Assignments of Trade and Assignments thereto, collectively, the “Loan Purchase Agreement.”).

3/04 AMENDMENT TO CREDIT AGREEMENT Preamble
Credit Agreement • March 19th, 2004 • Homebanc Corp

This 3/04 Amendment to Credit Agreement (the “3/04 Amendment” or, within itself, this “Amendment“) dated as of March 8, 2004 (the “3/04 Amendment Effective Date”) amending (for the first time) the 12/03 Amended and Restated Senior Secured Credit Agreement dated as of December 3, 2003 (the “12/03 A&R Credit Agreement”, and as it may be supplemented, amended or restated from time to time, the “Current Credit Agreement”), among HOMEBANC MORTGAGE CORPORATION. (the “Company“), a Delaware corporation with its principal office at 2002 Summit Blvd., Suite 100, Atlanta, Georgia 30319, JPMORGAN CHASE BANK (“JPMorgan“), a New York banking corporation, acting herein as a lender and as agent and representative of the other Lenders (in that capacity JPMorgan is called the “Agent“), and the other lenders party to the 12/03 A&R Credit Agreement (being U.S. Bank National Association (“U.S. Bank”), Credit Lyonnais New York Branch (“CL“), Commerzbank Aktiengesellschaft New York Branch and Grand Cayman Br

FIRST AMENDMENT TO LEASE
Lease Agreement • March 19th, 2004 • Homebanc Corp

THIS FIRST AMENDMENT TO LEASE (this “Amendment”), made and entered into as of the 11th day of December, 2003, by and between PERIMETER SUMMIT PARCEL 2 LIMITED PARTNERSHIP, a Georgia limited partnership (“Landlord”), and HOMEBANC MORTGAGE CORPORATION, a Delaware corporation (“Tenant”);

SECOND AMENDMENT TO FIRST AMENDED AND RESTATED WAREHOUSING CREDIT AND SECURITY AGREEMENT
Warehousing Credit and Security Agreement • March 19th, 2004 • Homebanc Corp

SECOND AMENDMENT TO FIRST AMENDED AND RESTATED WAREHOUSING CREDIT AND SECURITY AGREEMENT (this “Amendment”) dated as of July 21, 2003, between HOMEBANC MORTGAGE CORPORATION, a Delaware corporation (“Borrower”) and RESIDENTIAL FUNDING CORPORATION, a Delaware corporation (“Lender”).

AMENDMENT NO. 1 TO MASTER REPURCHASE AGREEMENT
Master Repurchase Agreement • March 19th, 2004 • Homebanc Corp • New York

Amendment No. 1, dated as of April 15, 2003 (this “Amendment”), among MERRILL LYNCH MORTGAGE CAPITAL INC. (the “Buyer”) and HOMEBANC MORTGAGE CORPORATION (the “Seller”).

AMENDMENT NO. 2 TO MASTER REPURCHASE AGREEMENT
Master Repurchase Agreement • March 19th, 2004 • Homebanc Corp • New York

Amendment No. 2, dated as of May 28, 2003 (this “Amendment”), among MERRILL LYNCH MORTGAGE CAPITAL INC. (the “Buyer”) and HOMEBANC MORTGAGE CORPORATION (the “Seller”).

Loan Purchase Agreement This Agreement, dated as of July 17, 2001, is made by and between Countrywide Home Loans, Inc., a New York corporation (“Countrywide”), and HomeBanc Mortgage Corp, a Delaware corporation (“Seller”), for mutual considerations...
Loan Purchase Agreement • March 19th, 2004 • Homebanc Corp • California

Countrywide agrees to purchase certain loans secured by real property, together with the servicing thereof (the “Loans”), from Seller under Countrywide’s mortgage loan programs, and Seller agrees to sell to Countrywide certain such Loans pursuant to the terms and conditions set forth herein and in Countrywide’s Correspondent Lending Division Loan Purchase Program Seller’s Manual, as amended from time to time (the “Manual”). In connection therewith, the parties agree as follows:

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