SECOND AMENDED AND RESTATED GUARANTY AND PLEDGE AGREEMENTGuaranty and Pledge Agreement • October 5th, 2004 • New Century Financial Corp • Real estate investment trusts • New York
THIS SECOND AMENDED AND RESTATED GUARANTY AND PLEDGE AGREEMENT, dated as of October 1, 2004, (this “Guaranty”), is made by and among New Century Financial Corporation (f/k/a New Century REIT, Inc.) and New Century Mortgage Corporation (“NCMC”, and jointly and severally with New Century Financial Corporation, the “Guarantors”) and Bank of America, N.A. (the “Buyer”, which term shall include any buyer for whom Buyer acts as Agent as defined and provided for in the Master Repurchase Agreement referred to below).
AMENDED AND RESTATED GUARANTYGuaranty • October 5th, 2004 • New Century Financial Corp • Real estate investment trusts • New York
THIS AMENDED AND RESTATED GUARANTY, dated as of October 1, 2004 (“Guaranty”) is made by NEW CENTURY FINANCIAL CORPORATION (f/k/a New Century REIT, Inc.) (“NCFC” or “Guarantor”), in favor of CITIGROUP GLOBAL MARKETS REALTY CORP. (the “Lender”), party to the Servicer Advance Financing Facility Agreement referred to below.
AMENDMENT AND JOINDER NO. 3 TO MASTER REPURCHASE AGREEMENTMaster Repurchase Agreement • October 5th, 2004 • New Century Financial Corp • Real estate investment trusts • New York
THIS AMENDMENT AND JOINDER NO. 3, made as of October 1, 2004 (“Amendment No. 3”), by and among BEAR STEARNS MORTGAGE CAPITAL CORPORATION (the “Buyer”), NC CAPITAL CORPORATION (“NC Capital”), NC RESIDUAL II CORPORATION (“NC Residual”) and NEW CENTURY CREDIT CORPORATION (“NC Credit”, and together with NC Capital and NC Residual, each a “Seller” and collectively the “Sellers”).
AMENDED AND RESTATED PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • October 5th, 2004 • New Century Financial Corp • Real estate investment trusts • New York
From time to time Citigroup Global Markets Realty Corp. (“Citigroup”) and NC Capital Corporation (“NC Capital”) and New Century Credit Corporation (“NC Credit”; and jointly and severally with NC Capital, the “Sellers”) may engage in purchase and sale transactions whereby either Seller sells to Citigroup adjustable rate and fixed rate one- to-four family first lien and second lien mortgage loans acceptable to Citigroup in its sole discretion (“Eligible Mortgage Loans”) and related servicing rights at a price equal to the Purchase Price (as defined herein) and whereby, on a date fixed by agreement between Citigroup and such Seller, the Seller agrees to repurchase such Eligible Mortgage Loans and related servicing rights from Citigroup, and Citigroup agrees to resell such Mortgage Loans and related servicing rights to the Seller, at the repurchase price, which is based on the Purchase Price and reflects the agreed upon return to Citigroup (the “Repurchase Price”), all subject to and in ac
CITIGROUP GLOBAL MARKETS REALTY CORP. New York, New York 10013 October 1, 2004Letter Agreement • October 5th, 2004 • New Century Financial Corp • Real estate investment trusts • New York
This letter agreement (the “Letter Agreement”) confirms the understanding and agreements among NC Capital Corporation (“NC Capital”), New Century Mortgage Corporation (“NC Mortgage”), New Century Credit Corporation (“NC Credit”) and Citigroup Global Markets Realty Corp. (“Citigroup”), under the terms set forth herein, regarding Citigroup’s agreement to provide a committed financing line (the “Financing Line”) to NC Capital and NC Credit in connection with certain adjustable-rate and fixed-rate, first lien and second lien mortgage loans that are originated by NC Mortgage (the “Mortgage Loans”), and amends and restates that certain letter agreement among NC Capital, NC Mortgage and Citigroup dated January 1, 2002 (the “Original Letter Agreement”).
ASSIGNMENT AND ASSUMPTION AGREEMENTAssignment and Assumption Agreement • October 5th, 2004 • New Century Financial Corp • Real estate investment trusts • New York
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT, dated as of September 30, 2004 (this “Agreement”) among New Century Mortgage Corporation (“NCMC”), New Century Financial Corporation (“NCFC”), New Century Funding I (the “Note Issuer”), NC Capital Corporation (“NCCC”), NC Residual II Corporation (“NCR II”) and New Century REIT, Inc. (“NC REIT”):
AMENDMENT AND JOINDER TO THIRD AMENDED AND RESTATED MASTER REPURCHASE AGREEMENTMaster Repurchase Agreement • October 5th, 2004 • New Century Financial Corp • Real estate investment trusts • New York
Amendment and Joinder to Third Amended and Restated Master Repurchase Agreement, dated as of September 29, 2004 (“Amendment and Joinder”), among CDC Mortgage Capital Inc., a New York corporation, having an address at 9 West 57th Street, 36th Floor, New York, New York 10019 (“Buyer”), and New Century Mortgage Corporation, a California corporation, having an address at 18400 Von Karman, Suite 1000, Irvine, California 92612 (“NCMC”), NC Residual II Corporation, a Delaware corporation, having an address at 18400 Von Karman, Suite 1000, Irvine, California 92612 (“NCRC”), NC Capital Corporation, a California corporation, having an address at 18400 Von Karman, Suite 1000, Irvine, California 92612 (“NCCC”) and New Century Credit Corporation, a California corporation, having an address at 18400 Von Karman, Suite 1000, Irvine, California 92612 (“New Century”, and together with NCMC, NCCC and NCRC, “Seller”).
AMENDMENT NUMBER ONE to the AMENDED AND RESTATED MASTER REPURCHASE AGREEMENT, dated as of May 13, 2002, amended and restated to and including May 21, 2004 between BANK OF AMERICA, N.A. and NEW CENTURY FUNDING AMaster Repurchase Agreement • October 5th, 2004 • New Century Financial Corp • Real estate investment trusts • New York
This AMENDMENT NUMBER ONE (this “Amendment”) is made as of October 1, 2004, by and between NEW CENTURY FUNDING A, (“Seller”) and BANK OF AMERICA, N.A. (“Buyer”), to the Amended and Restated Master Repurchase Agreement, dated as of May 13, 2002, amended and restated to and including May 21, 2004 (the “Agreement”), between Seller and Buyer.
GUARANTY October 1, 2004New Century Financial Corp • October 5th, 2004 • Real estate investment trusts
AMENDMENT to CERTAIN PROGRAM DOCUMENTS in relation to the VON KARMAN FUNDING LLC SECURED LIQUIDITY NOTES PROGRAM 2003New Century Financial Corp • October 5th, 2004 • Real estate investment trusts • New York
THIS AMENDMENT, dated as of September 30, 2004 (this “Amendment”), is made by and among Von Karman Funding LLC (the “Issuer”), New Century Mortgage Corporation (as Seller and as Servicer under the Mortgage Loan Purchase and Servicing Agreement (as described below), the “Seller,” or the “Servicer,” as the case may be), Citibank, N.A. (the “Swap Counterparty”), and Deutsche Bank Trust Company Americas (the “Collateral Agent”).
LIMITED GUARANTYLimited Guaranty • October 5th, 2004 • New Century Financial Corp • Real estate investment trusts
In order to induce Citigroup Global Markets Realty Corp. (“Citigroup”) to (i) purchase Mortgage Loans from NC Capital Corporation (“NC Capital”) and New Century Credit Corporation (“NC Credit”) pursuant to the Amended and Restated Purchase and Sale Agreement dated as of October 1, 2004 (the “Purchase and Sale Agreement”) and (ii) in respect of Mortgage Loans, to provide financing to NC Capital and NC Credit (collectively, the “NC Entities”), each, a wholly-owned indirect subsidiary of New Century Financial Corporation (f/k/a New Century REIT, Inc.) (the “Guarantor”), pursuant to the Amended and Restated Letter Agreement, dated as of October 1, 2004 (the “Letter Agreement” and, collectively with the Purchase and Sale Agreement, the “Agreements”), the Guarantor hereby absolutely, unconditionally and irrevocably guarantees the due and punctual payment of the NC Entities’ obligations under the Agreements when and as due, whether at stated payment dates, at maturity, by acceleration or othe
GUARANTEEGuarantee • October 5th, 2004 • New Century Financial Corp • Real estate investment trusts • New York
GUARANTEE, dated as of September 29, 2004, made by New Century Financial Corporation, f/k/a New Century REIT, Inc. (the “Guarantor”), on behalf of New Century Mortgage Corporation (“NCMC”), NC Capital Corporation (“NCCC”), NC Residual II Corporation (“NCRC”) and New Century Credit Corporation (“New Century”, and, together with NCMC, NCCC and NCRC, the “Sellers”), in favor of CDC Mortgage Capital Inc. (“CDC”), a party to the Repurchase Agreement and the Custodial Agreement, each referred to below.
AMENDMENT NUMBER TWO to the Servicer Advance Financing Facility Agreement Dated as of August 28, 2003 by and between NEW CENTURY MORTGAGE CORPORATION and CITIGROUP GLOBAL MARKETS REALTY CORP.Servicer Advance Financing Facility Agreement • October 5th, 2004 • New Century Financial Corp • Real estate investment trusts • New York
This AMENDMENT NUMBER TWO is made this 1st day of October, 2004 (“Amendment Number Two”), by and between NEW CENTURY MORTGAGE CORPORATION, a California corporation (the “Borrower”) and CITIGROUP GLOBAL MARKETS REALTY CORP., a New York corporation (the “Lender”), to the Servicer Advance Financing Facility Agreement, dated as of August 28, 2003 by and between the Borrower and the Lender, as amended (the “Agreement”).
AMENDMENT NUMBER SEVEN to the Master Repurchase Agreement dated as of May 30, 2002 by and between NEW CENTURY FUNDING SB-1, a Delaware statutory trust and CITIGROUP GLOBAL MARKETS REALTY CORP. (as successor to SALOMON BROTHERS REALTY CORP.)Master Repurchase Agreement • October 5th, 2004 • New Century Financial Corp • Real estate investment trusts • New York
This AMENDMENT NUMBER SEVEN (this “Amendment Number Seven”) is made this 1st day of October, 2004, by and among NEW CENTURY FUNDING SB-1, a Delaware statutory trust, having an address at c/o Christiana Bank & Trust Company, 1314 King Street, Wilmington, Delaware, 19801 (“NC SB-1”) and CITIGROUP GLOBAL MARKETS REALTY CORP. (as successor to Salomon Brothers Realty Corp.), having an address at 390 Greenwich Street, New York, New York 10013 (the “Buyer”) to the Master Repurchase Agreement, dated as of May 30, 2002, between NC SB-1 and the Buyer, as amended (the “Agreement”).
AMENDMENT NO. 7 TO NOTE PURCHASE AGREEMENTNote Purchase Agreement • October 5th, 2004 • New Century Financial Corp • Real estate investment trusts • New York
AMENDMENT NO. 7 dated as of September 30, 2004 (this “Amendment”) to the Committed Note Purchase and Security Agreement, dated as of May 10, 2002, as previously amended by Amendment No. 1 thereto, dated as of June 15, 2002, by Amendment No. 2 thereto, dated as of November 21, 2002, by Amendment No. 3 thereto, dated as of June 23, 2003, by Amendment No. 4 thereto, dated as of May 14, 2004, by Amendment No. 5 thereto, dated as of June 11, 2004, by Amendment No. 6 thereto, dated as of June 18, 2004 (as amended, the “Note Purchase Agreement”), among NEW CENTURY FUNDING I, a Delaware statutory trust (the “Note Issuer” or the “Trust”), each Person party thereto as a Purchaser or a Noteholder from time to time, and UBS REAL ESTATE SECURITIES INC. (f/k/a UBS Warburg Real Estate Securities Inc.) as Agent for the Purchasers and the Noteholders (the “Agent”).
