0001193125-05-119856 Sample Contracts

TRUST AGREEMENT among HMB ACCEPTANCE CORP., as Depositor, WILMINGTON TRUST COMPANY, as Owner Trustee and WELLS FARGO BANK, N.A., as Securities Administrator Dated as of May 1, 2005 HOMEBANC MORTGAGE TRUST 2005-3 Mortgage Backed Notes
Trust Agreement • June 3rd, 2005 • Homebanc Corp • Real estate investment trusts • Delaware

This TRUST AGREEMENT dated as of May 1, 2005, is by and among HMB ACCEPTANCE CORP., a Delaware corporation (the “Depositor”), WILMINGTON TRUST COMPANY, a Delaware banking corporation, as owner trustee (the “Owner Trustee”) and WELLS FARGO BANK, N.A., a national banking association, as securities administrator (the “Securities Administrator”).

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HOMEBANC CORP., SELLER and HMB ACCEPTANCE CORP., DEPOSITOR MORTGAGE LOAN PURCHASE AGREEMENT Dated as of May 1, 2005 HomeBanc Mortgage Trust 2005-3 (Mortgage Backed Notes)
Mortgage Loan Purchase Agreement • June 3rd, 2005 • Homebanc Corp • Real estate investment trusts • New York

This MORTGAGE LOAN PURCHASE AGREEMENT dated as of May 1, 2005 (this “Agreement”), is by and between HMB Acceptance Corp., a Delaware corporation (the “Depositor”) and HomeBanc Corp., a Georgia corporation (the “Seller”).

HOMEBANC MORTGAGE TRUST 2005-3, as Issuer HMB ACCEPTANCE CORP., as Depositor WELLS FARGO BANK, N.A., as Securities Administrator and Master Servicer HOMEBANC CORP., as Seller and Servicer and U.S. BANK NATIONAL ASSOCIATION, as Indenture Trustee
Transfer and Servicing Agreement • June 3rd, 2005 • Homebanc Corp • Real estate investment trusts • New York

This TRANSFER AND SERVICING AGREEMENT, dated as of May 1, 2005 (this “Agreement” or this “Transfer and Servicing Agreement”), is by and among HOMEBANC MORTGAGE TRUST 2005-3, a Delaware statutory trust, as issuer (the “Issuer”), HMB ACCEPTANCE CORP., a Delaware corporation, as depositor (the “Depositor”), U.S. BANK NATIONAL ASSOCIATION, as indenture trustee (the “Indenture Trustee”), WELLS FARGO BANK, N.A., as securities administrator (in such capacity, the “Securities Administrator”) and master servicer (in such capacity, the “Master Servicer”) and HOMEBANC CORP., a Georgia corporation, as seller (in such capacity, the “Seller”) and servicer (in such capacity, the “Servicer”).

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