Common use of Payments to Counterparty Clause in Contracts

Payments to Counterparty. Please provide written payment instructions. Wachovia will make no payments until written payment instructions are received. Phone: 0-000-000-0000 Fax: 0-000-000-0000 Wachovia: 1080723 Additional Terms For purposes of the Credit Support Annex to the ISDA Master Agreement dated as of September 15, 2003 between Wachovia and Counterparty, the “Independent Amount” for this Transaction is $100,000.00. Please confirm that the foregoing correctly sets forth the icons of our agreement by executing a copy of this Confirmation and returning it to us or by sending to us a xxxxxx substantially similar co this letter, which letter sets forth the material terms of the Transaction to which this Confirmation relates and indicates your agreement to those terms. Very truly yours, Wachovia Bank, N.A. By: /s/ XXXXX X. XXXXXXX Name: Xxxxx X. Xxxxxxx Title: Vice President Ref. No. 1080723 Accepted and Confirmed as of date first written above: Novastar Mortgage, Inc. By: /s/ XXXXX X. XXXXXX Name: Xxxxx X. Xxxxxx Title: V. P. Wachovia: 1080723 1/3 [GRAPHIC APPEARS HERE] SWAP TRANSACTION CONFIRMATION Date: April 01, 2005 To: Novastar Mortgage, Inc. (“Counterparty”) Address: 0000 Xxxx Xxxxxxx, Suite 300 Kansas City MO 64114 USA Fax: 000-000-0000 Attention: Xxxxxx Xxxxxxxx From: Wachovia Bank, N.A. (“Wachovia”) Ref. No. 1114411 Dear Xxxxxx Xxxxxxxx: This confirms the terms of the Transaction described below between Counterparty and Wachovia. The definitions and provisions contained in the 2000 ISDA Definitions, as published by the International Swaps and Derivatives Association, Inc., are incorporated into this Confirmation. In the event of any inconsistency between those definitions and provisions and this Confirmation, this Confirmation will govern. This Confirmation supplements, forms part of, and is subject to, the ISDA Master Agreement between Wachovia and Counterparty dated as of September 15, 2003, as amended and supplemented from time to time (the “ISDA Master Agreement”). All provisions contained or incorporated by reference in the Master Agreement will govern this Confirmation except as expressly modified herein.

Payments to Counterparty. Please provide written payment instructions. Wachovia will make no payments until written payment instructions are received. Phone: 0-000-000-0000 Fax: 0-000-000-0000 Wachovia: 1080723 Additional Terms For purposes of the Credit Support Annex to the ISDA Master Agreement dated as of September 15, 2003 between Wachovia and Counterparty, the “Independent Amount” for this Transaction is $100,000.00. Please confirm that the foregoing correctly sets forth the icons terms of our agreement by executing a copy of this Confirmation and returning it to us or by sending to us a xxxxxx letter substantially similar co to this letter, which letter sets forth the material terms of the Transaction to which this Confirmation relates and indicates your agreement to those terms. Very truly yours, Wachovia Bank, N.A. By: /s/ XXXXX Xxxxx X. XXXXXXX Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Vice President Ref. No. 1080723 1165863,1165865 Accepted and Confirmed as of date first written above: Novastar Mortgage, Inc. By: /s/ XXXXX Xxxxx X. XXXXXX Xxxxxx Name: Xxxxx X. Xxxxxx Title: V. P. Wachovia: 1080723 1/3 [GRAPHIC APPEARS HERE] SWAP Vice President AMENDED AND RESTATED RATE CAP TRANSACTION CONFIRMATION Date: April 01September 16, 2005 To: Novastar Mortgage, Inc. (“Counterparty”) Address: 0000 Xxxx Xxxxxxx, Suite 300 Kansas City MO 64114 USA Fax: 000-000-0000 Attention: Xxxxxx Xxxxxxxx From: Wachovia Bank, N.A. (“Wachovia”) Ref. No. 1114411 : 1165864, 1165866 Dear Xxxxxx Xxxxxxxx: This confirms the terms of the Transaction described below between Counterparty and Wachovia. The definitions and provisions contained in the 2000 ISDA Definitions, as published by the International Swaps and Derivatives Association, Inc., are incorporated into this Confirmation. In the event of any inconsistency between those definitions and provisions and this Confirmation, this Confirmation will govern. This Confirmation amends, restates and replaces any prior Confirmation for this Transaction. This Confirmation supplements, forms part of, and is subject to, the ISDA Master Agreement between Wachovia and Counterparty dated as of September 15, 2003, as amended and supplemented from time to time (the “ISDA Master Agreement”). All provisions contained or incorporated by reference in the Master Agreement will govern this Confirmation except as expressly modified herein.

Payments to Counterparty. Please provide written payment instructions. Wachovia will make no payments until written payment instructions are received. Phone: 0-000-000-0000 Fax: 0-000-000-0000 Wachovia: 1080723 Additional Terms For purposes of the Credit Support Annex to the ISDA Master Agreement dated as of September 15, 2003 between Wachovia and Counterparty, the “Independent Amount” for this Transaction is $100,000.00. Please confirm that the foregoing correctly sets forth the icons terms of our agreement by executing a copy of this Confirmation and returning it to us or by sending to us a xxxxxx letter substantially similar co to this letter, which letter sets forth the material terms of the Transaction to which this Confirmation relates and indicates your agreement to those terms. Very truly yours, Wachovia Bank, N.A. By: /s/ XXXXX Xxxxx X. XXXXXXX Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Vice President Ref. No. 1080723 1141251 Accepted and Confirmed as of date first written above: Novastar Mortgage, Inc. By: /s/ XXXXX Xxxxx X. XXXXXX Xxxxxx Name: Xxxxx X. Xxxxxx Title: V. P. Wachovia: 1080723 1/3 [GRAPHIC APPEARS HERE] SWAP Vice President AMENDED AND RESTATED RATE CAP TRANSACTION CONFIRMATION Date: April 01September 16, 2005 To: Novastar Mortgage, Inc. (“Counterparty”) Address: 0000 Xxxx Xxxxxxx, Suite 300 Kansas City MO 64114 USA Fax: 000-000-0000 Attention: Xxxxxx Xxxxxxxx From: Wachovia Bank, N.A. (“Wachovia”) Ref. No. 1114411 : 1141252,1141254 Dear Xxxxxx Xxxxxxxx: This confirms the terms of the Transaction described below between Counterparty and Wachovia. The definitions and provisions contained in the 2000 ISDA Definitions, as published by the International Swaps and Derivatives Association, Inc., are incorporated into this Confirmation. In the event of any inconsistency between those definitions and provisions and this Confirmation, this Confirmation will govern. This Confirmation amends, restates and replaces any prior Confirmation for this Transaction. This Confirmation supplements, forms part of, and is subject to, the ISDA Master Agreement between Wachovia and Counterparty dated as of September 15, 2003, as amended and supplemented from time to time (the “ISDA Master Agreement”). All provisions contained or incorporated by reference in the Master Agreement will govern this Confirmation except as expressly modified herein.

Payments to Counterparty. Please provide written payment instructions. instructions Wachovia will make no payments until written payment instructions are received. Phone: 0l-800-000249-000-0000 3865 Fax: 0-000-000-0000 Wachovia: 1080723 Additional Terms For purposes of the Credit Support Annex to the ISDA Master Agreement dated as of September 15, 2003 between Wachovia and Counterparty, the “Independent Amount” for this Transaction is $100,000.00125,000.00. Please confirm that the foregoing correctly sets forth the icons terms of our agreement by executing a copy of this the Confirmation and returning it to us or by sending to us a xxxxxx letter substantially similar co to this letter, which letter sets forth the material terms of the Transaction to which this Confirmation relates and indicates your agreement to in those terms. Very truly yours, Wachovia Bank, N.A. N.A By: /s/ XXXXX X. XXXXXXX Xxxxx Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Vice President Ref. No. 1080723 1030630 Accepted and Confirmed as at of date first written above: Novastar NovaStar Mortgage, Inc. By: /s/ XXXXX Xxxxx X. XXXXXX Xxxxxx Name: Xxxxx X. Xxxxxx Title: V. P. Wachovia: 1080723 1/3 [GRAPHIC APPEARS HERE] V.P SWAP TRANSACTION CONFIRMATION Date: April 01December 07, 2005 2004 To: Novastar Mortgage, Inc. (“Counterparty”) Address: 0000 Xxxx Xxxxxxx, Xxxxxxx Suite 300 Kansas City MO 64114 USA Fax: 000-000-0000 Attention: Xxxxxx Xxxxxxxx From: Wachovia Bank, N.A. NA (“Wachovia”) Ref. Ref No. 1114411 : 1033465 Dear Xxxxxx Xxxxxxxx: This confirms the terms of the Transaction described below between Counterparty and Wachovia. The definitions and provisions contained in the 2000 ISDA Definitions, as published by the International Swaps and Derivatives Association, Inc., are incorporated into this Confirmation. In the event of any inconsistency between those definitions and provisions and this Confirmation, this Confirmation will govern. This Confirmation supplements, forms part of, and is subject to, the ISDA Master Agreement between Wachovia and Counterparty dated as of September 15, 2003, as amended and supplemented from time to time (the “ISDA Master Agreement”). All provisions contained or incorporated by reference in the Master Agreement will govern this Confirmation except as expressly modified herein.