NOVASTAR MORTGAGE FUNDING CORPORATION, as Depositor NOVASTAR MORTGAGE, INC., as Servicer and as Sponsor U.S. BANK NATIONAL ASSOCIATION as Custodian and DEUTSCHE BANK NATIONAL TRUST COMPANY as Trustee POOLING AND SERVICING AGREEMENT Dated as of...Pooling and Servicing Agreement • December 6th, 2006 • NovaStar Certificates Financing CORP • Asset-backed securities • New York
With respect to each Class of Reallocable Certificates and its corresponding Class of Class N Certificates, such Certificate Principal Balance shall be allocated between the two based upon the Percentage Interests previously subject to Reallocation (with such Certificate Principal Balances initially allocated entirely to the corresponding Class N Certificates). For all purposes of this Agreement other than as specifically provided herein or than as deemed necessary by the Trustee in connection with the Reallocation mechanics (e.g., for purposes of determining the Principal Distribution Amounts, allocations of Realized Losses, and other rules relating to the calculations of distributions) the distinction between the Reallocable Certificates’ and the corresponding Class of Class N Certificates’ Certificate Principal Balances shall be disregarded, and they shall be considered to be the same.
NOVASTAR MORTGAGE, INC. as Sponsor, NOVASTAR MORTGAGE FUNDING CORPORATION as Depositor, and DEUTSCHE BANK NATIONAL TRUST COMPANY as Trustee MORTGAGE LOAN PURCHASE AGREEMENT Dated as of November 1, 2006 Fixed and Adjustable Rate Mortgage Loans NovaStar...Mortgage Loan Purchase Agreement • December 6th, 2006 • NovaStar Certificates Financing CORP • Asset-backed securities • New York
THIS MORTGAGE LOAN PURCHASE AGREEMENT (this “Purchase Agreement”), dated as of November 1, 2006, is made among NovaStar Mortgage, Inc. (the “Sponsor”), NovaStar Mortgage Funding Corporation (the “Depositor”), U.S. Bank National Association (the “Custodian”) and Deutsche Bank National Trust Company as trustee (the “Trustee”).
ISDA® International Swap Dealers Association, Inc. MASTER AGREEMENT dated as of November 30, 2006Master Agreement • December 6th, 2006 • NovaStar Certificates Financing CORP • Asset-backed securities • New York
have entered and/or anticipate entering into one of more transactions (each a “Transaction”) that are or will be governed by this Master Agreement, which includes the schedule (the “Schedule”), and the documents and other confirming evidence (each a “Confirmation”) exchanged between the parties confirming those Transactions.
Re: NovaStar Mortgage Funding Trust, Series 2006-6Pooling and Servicing Agreement • December 6th, 2006 • NovaStar Certificates Financing CORP • Asset-backed securities • New York
ISDA® International Swap Dealers Association, Inc. MASTER AGREEMENT dated as of November 30, 2006Master Agreement • December 6th, 2006 • NovaStar Certificates Financing CORP • Asset-backed securities • New York
have entered and/or anticipate entering into one of more transactions (each a “Transaction”) that are or will be governed by this Master Agreement, which includes the schedule (the “Schedule”), and the documents and other confirming evidence (each a “Confirmation”) exchanged between the parties confirming those Transactions.
ISDA® International Swaps and Derivatives Association, Inc. NOVATION AGREEMENT dated as of November 30, 2006 among: WACHOVIA BANK, NATIONAL ASSOCIATION (the “Remaining Party”), NOVASTAR MORTGAGE, INC. (the “Transferor”) AND NOVASTAR MORTGAGE...Novation Agreement • December 6th, 2006 • NovaStar Certificates Financing CORP • 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 November 15, 2003 (the “Old Agreement”).
ISDA® International Swaps and Derivatives Association, Inc. NOVATION AGREEMENT dated as of November 30, 2006 among: THE ROYAL BANK OF SCOTLAND PLC. (the “Remaining Party”), NOVASTAR MORTGAGE, INC. (the “Transferor”) AND NOVASTAR MORTGAGE SUPPLEMENTAL...Novation Agreement • December 6th, 2006 • NovaStar Certificates Financing CORP • Asset-backed securities • New York
The Remaining Party and NovaStar Financial, Inc. (“NFI”) are parties to a 1992 ISDA Master dated as of June 30, 2005 (the “NFI/RBS Master Agreement”). The Remaining Party and NFI originally entered into certain transactions (each an “Old Transaction”) under the NFI/RBS Master Agreement, each evidenced by a Confirmation (an “Old Confirmation”) with reference number IRG16076279, IRG16078815, IRG16078817, IRG16082235, IRG16089258, IRG16089272, respectively, attached hereto as Exhibit I. The Old Transactions were transferred by novation to the Transferor from NFI pursuant to the Novation Agreement dated July 19, 2006, among NFI, the Remaining Party and the Transferor, made subject to a 1992 ISDA Master Agreement dated as of July 19, 2006, between the Remaining Party and the Transferor (the “Old Agreement”) and assigned the following internal reference number IRG16076279, IRG16078815, IRG16078817,IRG16082235, IRG16089258, IRG16089272.
ISDA® International Swaps and Derivatives Association, Inc. NOVATION AGREEMENT dated as of November 30, 2006 among: DEUTSCHE BANK AG, NEW YORK BRANCH (the “Remaining Party”), NOVASTAR MORTGAGE, INC. (the “Transferor”) AND NOVASTAR MORTGAGE...Novation Agreement • December 6th, 2006 • NovaStar Certificates Financing CORP • Asset-backed securities • New York
The Remaining Party and NovaStar Financial, Inc. are parties to a 1992 Master dated as of November 30, 2004 (the “NFI/DB Master Agreement”). The Remaining Party and NovaStar Financial, Inc. originally entered into certain transactions (each an “Old Transaction”) under the NFI/DB Master Agreement, each evidenced by a Confirmation (an “Old Confirmation”) attached hereto as Exhibit I. The Old Transactions were transferred by novation to the Transferor pursuant to the Novation Agreement dated July 19, 2006, among NovaStar Finanacial, Inc., the Remaining Party and the Transferor, and made subject to a 1992 ISDA Master Agreement dated as of July 19, 2006, between the Remaining Party and the Transferor (the “Old Agreement”).
