0001379434-09-000007 Sample Contracts

BANC OF AMERICA FUNDING CORPORATION (Approximate) Mortgage Certificate-Backed Certificates, Series 2008-R3 December 29, 2008 UNDERWRITING AGREEMENT
Underwriting Agreement • January 7th, 2009 • Banc of America Funding 2008-R3 Trust • Asset-backed securities • New York
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Depositor and WELLS FARGO BANK, N.A., Trustee TRUST AGREEMENT Dated December 30, 2008 Banc of America Funding 2008-R3 Trust Mortgage Certificate-Backed Certificates, Series 2008-R3
Trust Agreement • January 7th, 2009 • Banc of America Funding 2008-R3 Trust • Asset-backed securities • New York

This Trust Agreement (“Trust Agreement” or “Agreement”), dated December 30, 2008, is by and between BANC OF AMERICA FUNDING CORPORATION, a Delaware corporation (the “Depositor”), as depositor, and WELLS FARGO BANK, N.A., a national banking association, not in its individual capacity, but solely as trustee (the “Trustee”) under this trust agreement.

MORTGAGE CERTIFICATE PURCHASE AGREEMENT
Mortgage Certificate Purchase Agreement • January 7th, 2009 • Banc of America Funding 2008-R3 Trust • Asset-backed securities • New York

THIS MORTGAGE CERTIFICATE PURCHASE AGREEMENT (the “Agreement”) is made as of December 30, 2008 between Banc of America Securities LLC, a Delaware limited liability company (the “Seller”), and Banc of America Funding Corporation, a Delaware corporation (the “Depositor”).

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