0001193125-05-250509 Sample Contracts

NOVASTAR MORTGAGE, INC. as Seller, NOVASTAR MORTGAGE FUNDING CORPORATION as Company, WACHOVIA BANK, NATIONAL ASSOCIATION as Custodian and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION as Trustee MORTGAGE LOAN PURCHASE AGREEMENT Dated as of December 1,...
Mortgage Loan Purchase Agreement • December 29th, 2005 • Novastar Mortgage Funding Trust, Series 2005-4 • Asset-backed securities • New York

THIS MORTGAGE LOAN PURCHASE AGREEMENT (this “Purchase Agreement”), dated as of December 1, 2005, is made among NovaStar Mortgage, Inc. (the “Seller”), NovaStar Mortgage Funding Corporation (the “Company”), Wachovia Bank, National Association (the “Custodian”) and JPMorgan Chase Bank, National Association (the “Trustee”).

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ISDA® International Swaps and Derivatives Association, Inc. NOVATION AGREEMENT dated as of December 15, 2005 among: WACHOVIA BANK, NATIONAL ASSOCIATION (the “Remaining Party”), NOVASTAR MORTGAGE, INC. (the “Transferor”) AND NOVASTAR MORTGAGE...
Novation Agreement • December 29th, 2005 • Novastar Mortgage Funding Trust, Series 2005-4 • Asset-backed securities • New York

The Transferor and the Remaining Party have entered into one or more Transactions (each an “Old Transaction”), each evidenced by a Confirmation (an “Old Confirmation”) attached hereto as Exhibit I and subject to a 1992 ISDA Master Agreement dated as of September 15, 2003 (the “Old Agreement”).

ISDA® International Swaps and Derivatives Association, Inc. NOVATION AGREEMENT dated as of December 15, 2005 among: THE ROYAL BANK OF SCOTLAND PLC. (the “Remaining Party”), NOVASTAR FINANCIAL, INC. (the “Transferor”) AND NOVASTAR MORTGAGE SUPPLEMENTAL...
Novation Agreement • December 29th, 2005 • Novastar Mortgage Funding Trust, Series 2005-4 • Asset-backed securities • New York

The Transferor and the Remaining Party have entered into one or more Transactions (each an “Old Transaction”), each evidenced by a Confirmation (an “Old Confirmation”) with reference numbers D6817771, D6825448, D6825458, D6830294, D6830295, D6846132, D6853798, D6853799, D6855787 and D6859939, respectively, attached hereto as Exhibit I and subject to a 1992 ISDA Master Agreement dated as of June 30, 2005 (the “Old Agreement”).

ISDA® International Swaps and Derivatives Association, Inc. NOVATION AGREEMENT dated as of December 15, 2005 among: DEUTSCHE BANK AG, NEW YORK BRANCH (the “Remaining Party”), NOVASTAR FINANCIAL, INC. (the “Transferor”) AND NOVASTAR MORTGAGE...
Novation Agreement • December 29th, 2005 • Novastar Mortgage Funding Trust, Series 2005-4 • Asset-backed securities • New York

The Transferor and the Remaining Party have entered into one or more Transactions (each an “Old Transaction”), each evidenced by a Confirmation (an “Old Confirmation”) attached hereto as Exhibit I and subject to a 1992 ISDA Master Agreement dated as of September 21, 2004 (the “Old Agreement”).

NOVASTAR MORTGAGE FUNDING CORPORATION, as Company NOVASTAR MORTGAGE, INC., as Servicer and as Seller WACHOVIA BANK, NATIONAL ASSOCIATION as Custodian JPMORGAN CHASE BANK, NATIONAL ASSOCIATION as Trustee and J.P. MORGAN TRUST COMPANY, NATIONAL...
Pooling and Servicing Agreement • December 29th, 2005 • Novastar Mortgage Funding Trust, Series 2005-4 • Asset-backed securities • New York

This Pooling and Servicing Agreement is dated as of December 1, 2005 (the “Agreement”), among NOVASTAR MORTGAGE FUNDING CORPORATION, as company (the “Company”), NOVASTAR MORTGAGE, INC., as servicer (the “Servicer”) and as seller (the “Seller”), WACHOVIA BANK, NATIONAL ASSOCIATION, as custodian (the “Custodian”), JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as trustee (the “Trustee”) and J.P. MORGAN TRUST COMPANY, NATIONAL ASSOCIATION, as co-trustee (the “Co-Trustee”).

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