FIFTH AMENDMENT CREDIT NOTENew York Mortgage Trust Inc • December 31st, 2003 • New York
FOR VALUE RECEIVED, the undersigned, THE NEW YORK MORTGAGE COMPANY LLC, a limited liability company organized under the laws of the State of New York, whose address is 304 Park Avenue South, New York, New York 10010 (the "Company"), promises to pay to the order of HSBC BANK USA, a banking corporation organized under the laws of the State of New York, whose address is c/o Mortgage Warehouse Lending Department, One HSBC Center, 27th Floor, Buffalo, New York 14203 ("HSBC") on or before August 31, 2002, or such earlier date as is provided for in the Credit Agreement as hereinafter defined ("Maturity Date"), in lawful money of the United States of America, the principal sum of FORTY MILLION DOLLARS ($40,000,000.00), or the aggregate unpaid principal amount of all advances by HSBC to the Company pursuant to the Credit and Security Agreement between HSBC and the Company dated as of March 30, 2001, as amended by First Amended Credit and Security Agreement dated as of May 24, 2001, Second Amend
EXHIBIT 10.40 FIRST AMENDMENT TO LOAN DOCUMENTS THIS FIRST AMENDMENT TO LOAN DOCUMENTS (the "First Amendment") made and entered into the _________ day of April, 2002, by and between THE NEW YORK MORTGAGE COMPANY, LLC (hereinafter referred to as the...New York Mortgage Trust Inc • December 31st, 2003 • Kentucky
September 11, 2002 The New York Mortgage Company LLC Attention: Steven Schnall, President 304 Park Avenue South New York, NY 10010 Re: Credit and Security Agreement between HSBC Bank USA ("HSBC") and The New York Mortgage Company LLC ("Company") dated...New York Mortgage Trust Inc • December 31st, 2003
This confirms HSBC's agreement to extend the scheduled maturity date of the Note and term of the Credit Agreement to October 31, 2002.
THIRD AMENDED CREDIT AND SECURITY AGREEMENTCredit and Security Agreement • December 31st, 2003 • New York Mortgage Trust Inc
CREDIT NOTENew York Mortgage Trust Inc • December 31st, 2003 • New York
FOR VALUE RECEIVED, the undersigned, THE NEW YORK MORTGAGE COMPANY LLC, a limited liability company organized under the laws of the State of New York, whose address is 304 Park Avenue South, New York, New York 10010 (the "Company"), promises to pay to the order of HSBC BANK USA, a banking corporation organized under the laws of the State of New York, whose address is c/o Mortgage Warehouse Lending Department, One HSBC Center, 27th Floor, Buffalo, New York 14203 ("HSBC") on or before 364 days from the date hereof, or such earlier date as is provided for in the Credit Agreement as hereinafter defined ("Maturity Date"), in lawful money of the United States of America, the principal sum of FIFTEEN MILLION DOLLARS ($15,000,000.00), or the aggregate unpaid principal amount of all advances by HSBC to the Company pursuant to the Credit and Security Agreement between HSBC and the Company dated as of even date herewith (the "Credit Agreement"), plus interest thereon from the date hereof, as foll
HSBC BANK USA ANDNew York Mortgage Trust Inc • December 31st, 2003
This Guaranty is, and is intended to be, a continuing guaranty of the payment of the Indebtedness (irrespective of the aggregate amount thereof) independent of and in addition to any other guaranty, indorsement or collateral held by Secured Party therefor whether or not furnished by the undersigned. The undersigned shall have no right of subrogation with respect to any payments made by the undersigned hereunder until all of the Indebtedness is paid in full.
GREENWICH CAPITAL FINANCIAL PRODUCTS, INC., Purchaser 600 Steamboat Road Greenwich, Connecticut 06830 THE NEW YORK MORTGAGE COMPANY, LLC, Seller 1301 Avenue of the Americas 7th Floor New York, New York 10019 and LASALLE BANK NATIONAL ASSOCIATION,...Custodial Agreement • December 31st, 2003 • New York Mortgage Trust Inc • New York
AMENDMENT NO. 1Master Repurchase Agreement • December 31st, 2003 • New York Mortgage Trust Inc • New York
HSBC BANK USA ANDNew York Mortgage Trust Inc • December 31st, 2003 • New York
FOR VALUE RECEIVED, the undersigned, THE NEW YORK MORTGAGE COMPANY LLC, a limited liability company organized under the laws of the State of New York, whose address is 304 Park Avenue South, New York, New York 10010 (the "Company"), promises to pay to the order of HSBC BANK USA, a banking corporation organized under the laws of the State of New York, whose address is c/o Mortgage Warehouse Lending Department, One HSBC Center, 27th Floor, Buffalo, New York 14203 ("HSBC") on or before February 25, 2002, or such earlier date as is provided for in the Credit Agreement as hereinafter defined ("Maturity Date"), in lawful money of the United States of America, the principal sum of TWENTY MILLION DOLLARS (20,000,000.00), or the aggregate unpaid principal amount of all advances by HSBC to the Company pursuant to the Credit and Security Agreement between HSBC and the Company dated as of March 30, 2001, as amended by First Amended Credit and Security Agreement dated as of even date herewith (toge
WITNESSETH:Loan Documents • December 31st, 2003 • New York Mortgage Trust Inc • Kentucky
HSBC BANK USA ANDNew York Mortgage Trust Inc • December 31st, 2003 • New York
MANDATORY PRINCIPAL REDUCTION: The Company agrees to pay to HSBC on February 15, 2002, the amount by which the principal balance hereof exceeds THIRTY MILLION DOLLARS ($30,000,000.00). After February 15, 2002, no advances hereon which cause the principal balance to exceed THIRTY MILLION DOLLARS ($30,000,000.00) will be available.
among THE NEW YORK MORTGAGE COMPANY, LLC as Borrower and STEVEN B. SCHNALL AND JOSEPH V. FIERRO as Guarantors and NATIONAL CITY BANK OF KENTUCKY As BankWarehousing Credit Agreement • December 31st, 2003 • New York Mortgage Trust Inc • Kentucky
EXHIBIT 10.52 INTER-CREDITOR AGREEMENT THIS INTER-CREDITOR AGREEMENT (the "Agreement") is made and entered into as of this 25th day of January, 2002, by and between (i) NATIONAL CITY BANK OF KENTUCKY, a national banking association with principal...Inter-Creditor Agreement • December 31st, 2003 • New York Mortgage Trust Inc • Kentucky
CREDIT SUISSE FIRST BOSTON MORTGAGE CAPITAL LLC, as buyer ("Buyer", which term shall include any "Principal" as defined and provided for in Annex I) or as agent pursuant hereto ("Agent"),New York Mortgage Trust Inc • December 31st, 2003 • New York
UNCONDITIONAL AND CONTINUING GUARANTY OF PAYMENT (KENTUCKY)New York Mortgage Trust Inc • December 31st, 2003
EXHIBIT 10.42 THIRD AMENDMENT TO LOAN DOCUMENTS THIS THIRD AMENDMENT TO LOAN DOCUMENTS (the "Third Amendment") made and entered into the __ day of November, 2002, by and among THE NEW YORK MORTGAGE COMPANY, LLC (hereinafter referred to as the...New York Mortgage Trust Inc • December 31st, 2003 • Kentucky
AMENDED AND RESTATED UNCONDITIONAL AND CONTINUING GUARANTY OF PAYMENT (KENTUCKY)New York Mortgage Trust Inc • December 31st, 2003
April 15, 2003 The New York Mortgage Company LLC Attention: Steven Schnall, President 304 Park Avenue South New York, NY 10010 Re: Credit and Security Agreement between HSBC Bank USA ("HSBC") and The New York Mortgage Company LLC ("Company") dated as...New York Mortgage Trust Inc • December 31st, 2003
This letter confirms HSBC's agreement to extend the scheduled maturity date of the Note and the term of the Credit Agreement to June 30, 2003.
AMENDED AND RESTATED UNCONDITIONAL AND CONTINUING GUARANTY OF PAYMENT (KENTUCKY)New York Mortgage Trust Inc • December 31st, 2003 • Kentucky
HSBC BANK USA ANDNew York Mortgage Trust Inc • December 31st, 2003 • New York
FOR VALUE RECEIVED, the undersigned, THE NEW YORK MORTGAGE COMPANY LLC, a limited liability company organized under the laws of the State of New York, whose address is 304 Park Avenue South, New York, New York 10010 (the "Company"), promises to pay to the order of HSBC BANK USA, a banking corporation organized under the laws of the State of New York, whose address is c/o Mortgage Warehouse Lending Department, One HSBC Center, 27th Floor, Buffalo, New York 14203 ("HSBC") on or before June 15, 2002, or such earlier date as is provided for in the Credit Agreement as hereinafter defined ("Maturity Date"), in lawful money of the United States of America, the principal sum of TWENTY-FIVE MILLION DOLLARS ($25,000,000.00), or the aggregate unpaid principal amount of all advances by HSBC to the Company pursuant to the Credit and Security Agreement between HSBC and the Company dated as of March 30, 2001, as amended by First Amended Credit and Security Agreement dated as of May 24, 2001, and Seco
June 24, 2003 The New York Mortgage Company LLC Attention: Steven Schnall, President 1301 Avenue of the Americas, 7th Floor New York, NY 10019 Re: Credit and Security Agreement between HSBC Bank USA ("HSBC") and The New York Mortgage Company LLC...New York Mortgage Trust Inc • December 31st, 2003
This letter confirms HSBC's agreement to extend the scheduled maturity date of the Note and the term of the Credit Agreement to June 30, 2004.
EXHIBIT 10.29 (HSBC LOGO) August 26, 2002 The New York Mortgage Company LLC Attention: Steven Schnall, President 304 Park Avenue South New York, NY 10010 Re: Credit and Security Agreement between HSBC Bank USA ("HSBC") and The New York Mortgage...New York Mortgage Trust Inc • December 31st, 2003
This confirms HSBC's agreement to extend the scheduled maturity date of the Note and the term of the Credit Agreement to September 15, 2002.
October 28, 2002 The New York Mortgage Company LLC Attention: Steven Schnall, President 304 Park Avenue South New York, NY 10010 Re: Credit and Security Agreement between HSBC Bank USA ("HSBC") and The New York Mortgage Company LLC ("Company") dated...New York Mortgage Trust Inc • December 31st, 2003
This confirms HSBC's agreement to extend the scheduled maturity date of the Note and the term of the Credit Agreement to November 30, 2002.
EXHIBIT 10.53 WHOLE LOAN PURCHASE AND SALE AGREEMENT MORTGAGE LOAN PURCHASE AND SALE AGREEMENTWhole Loan Purchase and Sale Agreement • December 31st, 2003 • New York Mortgage Trust Inc • New York
EXHIBIT 10.32 [HSBC LOGO] November 27, 2002 The New York Mortgage Company LLC Attention: Steven Schnall, President 304 Park Avenue South New York, NY 10010 Re: Credit and Security Agreement between HSBC Bank USA ("HSBC") and the New York Mortgage...New York Mortgage Trust Inc • December 31st, 2003
This letter confirms HSBC's agreement to extend the scheduled maturity date of the Note and the term of the Credit Agreement to April 20, 2003.
RECITALSPledge and Security Agreement • December 31st, 2003 • New York Mortgage Trust Inc • Kentucky
HSBC BANK USA ANDNew York Mortgage Trust Inc • December 31st, 2003
FOR VALUE RECEIVED, the undersigned, THE NEW YORK MORTGAGE COMPANY LLC, a limited liability company organized under the laws of the State of New York, whose address is 304 Park Avenue South, New YORK, New York 10010 (the "Company"), promises to pay to the order of HSBC BANK USA, a banking corporation organized under the laws of the State of New York, whose address is c/o Mortgage Warehouse Lending Department, One HSBC Center, 27th Floor, Buffalo, New York 14203 ("HSBC") on or before June 15, 2002, or such earlier date as is provided for in the Credit Agreement as hereinafter defined ("Maturity Date"), in lawful money of the United States of America, the principal sum of THIRTY MILLION DOLLARS ($30,000,000.00), or the aggregate unpaid principal amount of all advances by HSBC to the Company pursuant to the Credit and Security Agreement between HSBC and the Company dated as of March 30, 2001, as amended by First Amended Credit and Security Agreement dated as of May 24, 2001, Second Amende
