HOMEBANC CORP., SELLER and HMB ACCEPTANCE CORP., DEPOSITOR MORTGAGE LOAN PURCHASE AGREEMENT Dated as of November 1, 2005 HomeBanc Mortgage Trust 2005-5 (Mortgage Backed Notes)Mortgage Loan Purchase Agreement • December 6th, 2005 • Homebanc Corp • Real estate investment trusts • New York
This MORTGAGE LOAN PURCHASE AGREEMENT dated as of November 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 2005-5, 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 TrusteeTransfer and Servicing Agreement • December 6th, 2005 • Homebanc Corp • Real estate investment trusts • New York
This TRANSFER AND SERVICING AGREEMENT, dated as of November 1, 2005 (this “Agreement” or this “Transfer and Servicing Agreement”), is by and among HOMEBANC MORTGAGE TRUST 2005-5, 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”).
AMENDMENT NO. 7 TO MASTER REPURCHASE AGREEMENTMaster Repurchase Agreement • December 6th, 2005 • Homebanc Corp • Real estate investment trusts • New York
Amendment No. 7, dated as of November 30, 2005 (this “Amendment”), among MERRILL LYNCH MORTGAGE CAPITAL INC. (“Buyer”), HOMEBANC MORTGAGE CORPORATION (“HMC” and a “Seller”) and HOMEBANC CORP. (“HB Corp.” and a “Seller”, together with HMC as the “Sellers”).
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 November 1, 2005 HOMEBANC MORTGAGE TRUST 2005-5 Mortgage Backed NotesTrust Agreement • December 6th, 2005 • Homebanc Corp • Real estate investment trusts • Delaware
This TRUST AGREEMENT dated as of November 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”).
