MASTER REPURCHASE AGREEMENT BETWEEN CDC MORTGAGE CAPITAL INC., as Buyer and ENCORE CREDIT CORP., as Seller Dated as of June 30, 2004Master Repurchase Agreement • December 17th, 2004 • ECC Capital CORP • Real estate investment trusts • New York
This is a MASTER REPURCHASE AGREEMENT, dated as of June 30, 2004 between ENCORE CREDIT CORP., a California corporation (“Seller”), and CDC MORTGAGE CAPITAL INC., a New York corporation (“Buyer”).
May 13, 2002 [CWL] Encore Credit Corporation 8511 FALLBROOK AVENUEECC Capital CORP • December 17th, 2004 • Real estate investment trusts
This Commitment Letter is made and entered into, as of the date set forth above, by and between Countrywide Warehouse Lending, a California corporation (“Lender”) and Encore Credit Corporation, a California corporation (“Borrower”). This Commitment Letter supplements the Revolving Credit and Security Agreement (the “Agreement”) by and between Lender and Borrower of even date herewith. In the event there exists any inconsistency between the Agreement and this Commitment Letter, the latter shall be controlling notwithstanding anything contained in the Agreement to the contrary. All capitalized terms used herein and not otherwise defined herein shall have the meanings assigned to such terms in the Agreement.
TERMINATION AGREEMENT dated as of August 6, 2004 by and between ENCORE CREDIT CORP. and RESIDENTIAL FUNDING CORPORATIONTermination Agreement • December 17th, 2004 • ECC Capital CORP • Real estate investment trusts • Minnesota
This TERMINATION AGREEMENT (this “Agreement”), dated as of August 6, 2004, is made and entered into by and between Encore Credit Corp., a California corporation (“Encore”), and Residential Funding Corporation, a Delaware corporation (“GMAC-RFC”).
AMENDMENT NO. 1ECC Capital CORP • December 17th, 2004 • Real estate investment trusts • New York
AMENDMENT NO. 1, dated as of November 10, 2004 (“Amendment”), to the Master Repurchase Agreement, dated as of June 30, 2004 (the “Repurchase Agreement”), each between IXIS REAL ESTATE CAPITAL INC. F/K/A CDC MORTGAGE CAPITAL INC. (“Buyer”) and ENCORE CREDIT CORP. (“Seller”).
AMENDMENT NO. 4 TO COMMITMENT LETTERCommitment Letter • December 17th, 2004 • ECC Capital CORP • Real estate investment trusts
This AMENDMENT NO. 4 TO COMMITMENT LETTER (the “Amendment”) is made and entered into as of August 25, 2004 by and between Countrywide Warehouse Lending (“Lender”) Encore Credit Corp., Bravo Credit Corporation and ECC Capital Corporation (collectively “Borrower”). This Amendment amends that certain Commitment Letter by and between Lender and Borrower dated as of November 14, 2003 (the “Commitment Letter”), which supplements that certain Revolving Credit and Security Agreement by and between Lender and Borrower dated as of May 13, 2002 (as may be amended from time to time, the “Credit Agreement”).
AMENDMENT NO. 5 TO REVOLVING CREDIT AND SECURITY AGREEMENTCredit and Security Agreement • December 17th, 2004 • ECC Capital CORP • Real estate investment trusts
THIS AMENDMENT NO. 5 (the “Amendment”) is made and entered into as of July 30, 2004 by and between Countrywide Warehouse Lending (“Lender”) and Encore Credit Corp. (the “Borrower”). This Amendment amends that certain Revolving Credit and Security Agreement by and between Lender and Borrower dated as of May 14, 2002 (as may be amended from time to time, the “Credit Agreement”).
AMENDMENT NO. 2 TO COMMITMENT LETTERCommitment Letter • December 17th, 2004 • ECC Capital CORP • Real estate investment trusts
This AMENDMENT NO. 2 TO COMMITMENT LETTER (the “Amendment”) is made and entered into as of May 21, 2004 by and between Countrywide Warehouse Lending (“Lender”) and Encore Credit Corporation (“Borrower”). This Amendment amends that certain Commitment Letter by and between Lender and Borrower dated as of November 14, 2003 (the “Commitment Letter”), which supplements that certain Revolving Credit and Security Agreement by and between Lender and Borrower dated as of May 13, 2002 (as may be amended from time to time, the “Credit Agreement”).
SECURITIES PURCHASE AGREEMENT Dated as of September 1, 2004 Among ENCORE SPV TRUST III as Seller ENCORE CREDIT CORP. as Administrator WACHOVIA BANK, NATIONAL ASSOCIATION as Initial Note Purchaser EVEREN CAPITAL CORPORATION as Initial Trust Certificate...Securities Purchase Agreement • December 17th, 2004 • ECC Capital CORP • Real estate investment trusts • New York
AMENDMENT NO. 4 TO REVOLVING CREDIT AND SECURITY AGREEMENTCredit and Security Agreement • December 17th, 2004 • ECC Capital CORP • Real estate investment trusts
This AMENDMENT NO. 4 (the “Amendment”) is made and entered into as of April 2, 2004 by and between Countrywide Warehouse Lending (“Lender”) and Encore Credit Corporation (“Borrower”). This Amendment amends that certain Revolving Credit and Security Agreement by and between Lender and Borrower dated as of May 13, 2002 (as may be amended from time to time, the “Credit Agreement”).
AMENDMENT NO. 1 TO COMMITMENT LETTERCommitment Letter • December 17th, 2004 • ECC Capital CORP • Real estate investment trusts
This AMENDMENT NO. 1 TO COMMITMENT LETTER (the “Amendment”) is made and entered into as of March 15, 2004 by and between Countrywide Warehouse Lending (“Lender”) and Encore Credit Corporation (“Borrower”). This Amendment amends that certain Commitment Letter by and between Lender and Borrower dated as of November 14, 2003 (the “Commitment Letter”), which supplements that certain Revolving Credit and Security Agreement by and between Lender and Borrower dated as of May 13, 2002 (as may be amended from time to time, the “Credit Agreement”).
REVOLVING CREDIT AND SECURITY AGREEMENT (the “Agreement”) between COUNTRYWIDE WAREHOUSE LENDING (“Lender”) and Encore Credit Corporation (“Borrower”) dated as of May 13, 2002Revolving Credit and Security Agreement • December 17th, 2004 • ECC Capital CORP • Real estate investment trusts • California
THIS REVOLVING CREDIT AND SECURITY AGREEMENT (the “Agreement”) is made and entered into, as of May 13, 2002 (the “Effective Date”), by and between Countrywide Warehouse Lending, a California corporation (“Lender”), and Encore Credit Corporation, a California corporation (“Borrower”).
AMENDMENT NO. 3 TO REVOLVING CREDIT AND SECURITY AGREEMENTCredit and Security Agreement • December 17th, 2004 • ECC Capital CORP • Real estate investment trusts
This AMENDMENT NO. 3 (the “Amendment”) is made and entered into as of March 1, 2004 by and between Countrywide Warehouse Lending (“Lender”) and Encore Credit Corporation (“Borrower”). This Amendment amends that certain Revolving Credit and Security Agreement by and between lender and Borrower dated as of May 13, 2002 (as may be amended from time to time, the “Credit Agreement”).
Master Mortgage Loan Sale and Contribution Agreement between Encore SPV Trust III as Buyer and Encore Credit Corp. as Seller Dated as of September 1, 2004Master Mortgage Loan Sale and Contribution Agreement • December 17th, 2004 • ECC Capital CORP • Real estate investment trusts • New York
This MASTER MORTGAGE LOAN SALE AND CONTRIBUTION AGREEMENT (the “Agreement”) dated as of September 1, 2004, by and between Encore SPV Trust III (“Buyer”) and Encore Credit Corp., a California corporation located at 1833 Alton Parkway, Irvine, California (“Seller”).
AMENDMENT NO. 1 TO COMMITMENT LETTERCommitment Letter • December 17th, 2004 • ECC Capital CORP • Real estate investment trusts
This AMENDMENT NO. 1 TO COMMITMENT LETTER (the “Amendment”) is made and entered into as of April 10, 2003 by and between Countrywide Warehouse Lending (“Lender”) and Encore Credit Corp. (“Borrower”). This Amendment amends that certain Commitment Letter by and between Lender and Borrower dated as of May 13, 2002 (the “Commitment Letter”), which supplements that certain Revolving Credit and Security Agreement by and between Lender and Borrower dated as of May 13, 2002 (as may be amended from time to time, the “Credit Agreement”).
AMENDMENT NO. 3 TO COMMITMENT LETTERCommitment Letter • December 17th, 2004 • ECC Capital CORP • Real estate investment trusts • California
This AMENDMENT #3 TO COMMITMENT LETTER (the “Amendment”) is made and entered into as of September 12, 2003 by and between Countrywide Warehouse Lending (“Lender”) and Encore Credit Corp. (“Borrower”). This Amendment amends that certain Commitment Letter by and between Lender and Borrower dated as of May 13, 2002 (the “Commitment Letter”), which supplements that certain Revolving Credit and Security Agreement by and between Lender and Borrower dated as of May 13, 2002 (as may be amended from time to time, the “Credit Agreement”).
ENCORE CREDITECC Capital CORP • December 17th, 2004 • Real estate investment trusts • California
This Commitment Letter is made and entered into, as of the date set forth above, by and between Countrywide Warehouse Lending, a California corporation (“Lender”) Encore Credit Corp., a California corporation (“Borrower”). This Commitment Letter supplements the Revolving Credit and Security Agreement (the “Agreement”) by and between Lender and Borrower of May 13, 2002. In the event there exists any inconsistency between the Agreement and this Commitment Letter, the latter shall be controlling notwithstanding anything contained in the Agreement to the contrary. All capitalized terms used herein and not otherwise defined herein shall have the meanings assigned to such terms in the Agreement. This Commitment Letter supercedes and replaces any other Commitment Letter or amendments as of the Effective Date.
AMENDED AND RESTATED COMMITTED NOTE PURCHASE AND SECURITY AGREEMENTCommitted Note Purchase and Security • December 17th, 2004 • ECC Capital CORP • Real estate investment trusts • New York
AMENDED AND RESTATED COMMITTED NOTE PURCHASE AND SECURITY AGREEMENT, dated as of December 3, 2004, among ENCORE SPV I, a Delaware business trust (the “Note Issuer”), UBS REAL ESTATE SECURITIES INC. (“UBS”, f/k/a UBS WARBURG REAL ESTATE SECURITIES INC.), as purchaser of Notes issued hereunder from time to time (UBS, in that capacity, and each other entity that from time to time may be a Purchaser as provided herein, each a “Purchaser”), each Person that from time to time holds any of the Notes issued hereunder (each a “Noteholder”) and UBS REAL ESTATE SECURITIES INC., a Delaware corporation, as agent for the Purchasers and the Noteholders (in that capacity, the “Agent”), whereby the parties hereto agree to amend and restate in its entirety that certain Committed Note Purchase and Security Agreement, dated August 1, 2002, among the Note Issuer, the Agent, each Purchaser and Noteholder thereunder, as follows:
ENCORE CREDIT AMENDMENT NO. 3 TO COMMITMENT LETTERECC Capital CORP • December 17th, 2004 • Real estate investment trusts
This AMENDMENT NO. 3 TO COMMITMENT LETTER (the “Amendment”) is made and entered into as of July 30, 2004 by and between Countrywide Warehouse Lending (“Lender”) Encore Credit Corp. and Bravo Credit Corporation (collectively “Borrower”). This Amendment amends that certain Commitment Letter by and between Lender and Borrower dated as of November 14, 2003 (the “Commitment Letter”), which supplements that certain Revolving Credit and Security Agreement by and between Lender and Borrower dated as of May 13, 2002 (as may be amended from time to time, the “Credit Agreement”).
AMENDMENT NO. 2 TO REVOLVING CREDIT AND SECURITY AGREEMENTCredit and Security Agreement • December 17th, 2004 • ECC Capital CORP • Real estate investment trusts
This AMENDMENT NO. 2 (the “Amendment”) is made and entered into as of December 13, 2002 by and between Countrywide Warehouse Lending (“Lender”) and Encore Credit Corp. (“Borrower”). This Amendment amends that certain Revolving Credit and Security Agreement by and between Lender and Borrower dated as of May 13, 2002 (as may be amended from time to time, the “Credit Agreement”).
AMENDMENT NO. 6 TO REVOLVING CREDIT AND SECURITY AGREEMENTCredit and Security Agreement • December 17th, 2004 • ECC Capital CORP • Real estate investment trusts
THIS AMENDMENT NO. 6 (the “Amendment”) is made and entered into as of August 25, 2004 by and between Countrywide Warehouse Lending (“Lender”), Encore Credit Corp. and Bravo Capital Corporation (jointly, the “Borrower”). This Amendment amends that certain Revolving Credit and Security Agreement by and between Lender and Borrower dated as of May 14, 2002 (as may be amended from time to time, the “Credit Agreement”).
