FirstCity Financial Mortgage Corporation Uses in Amendment to Definition of Harbor Financial Group Clause

Amendment to Definition of Harbor Financial Group from Right of First Refusal Agreement

THIS FIRST AMENDMENT (this Amendment) TO THAT RIGHT OF FIRST REFUSAL AGREEMENT AND DUE DILIGENCE REIMBURSEMENT AGREEMENT (the Frame Agreement) is made and entered into this day of February, 1999, by and between FIRSTCITY FINANCIAL CORPORATION, a Delaware corporation (FCFC), and FIRSTCITY SERVICING CORPORATION, a Texas corporation (Servicing), on the one hand, and CARGILL FINANCIAL SERVICES CORPORATION, a Delaware corporation (CFSC), and CFSC CAPITAL CORP. II, a Delaware corporation (CCCII), on the other hand.

Amendment to Definition of Harbor Financial Group. The definition of Harbor Financial Group in Article 1 of the Frame Agreement is hereby amended by replacing the definition in its entirety as follows: Harbor Financial Group means FirstCity Financial Mortgage Corporation and its Affiliates.