0001193125-06-062931 Sample Contracts

SALE AND SERVICING AGREEMENT dated as of , 20 by and among [NOVASTAR MORTGAGE FUNDING CORPORATION] [NOVASTAR CERTIFICATES FINANCING LLC], as Depositor, NOVASTAR MORTGAGE INC., as Sponsor and Servicer, NOVASTAR MORTGAGE FUNDING TRUST 200 - , as Issuing...
Sale and Servicing Agreement • March 24th, 2006 • NovaStar Certificates Financing LLC • Asset-backed securities • New York

SALE AND SERVICING AGREEMENT, dated as of , 20 (this “Agreement”), by and among [NOVASTAR MORTGAGE FUNDING CORPORATION] [NOVASTAR CERTIFICATES FINANCING LLC], a Delaware [corporation][limited liability company], as depositor (the “Depositor”), NOVASTAR MORTGAGE INC., a Virginia corporation, as sponsor (the “Sponsor”), NOVASTAR MORTGAGE FUNDING TRUST 200 - , a Delaware statutory trust, as issuing entity (the “Issuing Entity”), NOVASTAR MORTGAGE INC., a Virginia corporation, as servicer (the “Servicer”), and , a national banking association, as indenture trustee (the “Indenture Trustee”).

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AMENDED AND RESTATED TRUST AGREEMENT dated as of [DATE] by and among NOVASTAR MORTGAGE INC., as Sponsor, [NOVASTAR MORTGAGE FUNDING CORPORATION] [NOVASTAR CERTIFICATES FINANCING LLC] as Depositor, and as Owner Trustee NOVASTAR MORTGAGE FUNDING TRUST...
Trust Agreement • March 24th, 2006 • NovaStar Certificates Financing LLC • Asset-backed securities • Delaware

This AMENDED AND RESTATED TRUST AGREEMENT, dated as of [DATE], is among NOVASTAR MORTGAGE INC., as sponsor (the “Sponsor”), [NOVASTAR MORTGAGE FUNDING CORPORATION, a Delaware corporation][NOVASTAR CERTIFICATES FINANCING LLC, a Delaware limited liability company], as depositor (the “Depositor”) and [ ], a [ ], as owner trustee (the “Owner Trustee”).

NOVASTAR CERTIFICATES FINANCING LLC] [NOVASTAR MORTGAGE FUNDING CORPORATION,] as Depositor NOVASTAR MORTGAGE, INC., as Servicer and as Seller as Custodian as Trustee and as Co-Trustee POOLING AND SERVICING AGREEMENT Dated as of , 200[ ]
Pooling and Servicing Agreement • March 24th, 2006 • NovaStar Certificates Financing LLC • Asset-backed securities • New York

This Pooling and Servicing Agreement is dated as of , 20[ ] (the “Agreement”), among [NOVASTAR CERTIFICATES FINANCING LLC] [NOVASTAR MORTGAGE FUNDING CORPORATION,] as depositor (the “Depositor”), NOVASTAR MORTGAGE, INC., as servicer (the “Servicer”) and as seller (the “Seller”), [ ], as custodian (the “Custodian”), [ ], as trustee (the “Trustee”) and [ ], as co-trustee (the “Co-Trustee”).

INDENTURE dated as of , 200 by and between NOVASTAR MORTGAGE FUNDING TRUST 200 - , as Issuing Entity and
Indenture • March 24th, 2006 • NovaStar Certificates Financing LLC • Asset-backed securities • New York

This INDENTURE, dated as of , 200 (as amended or supplemented from time to time as permitted hereby, this “Indenture”), is between NOVASTAR MORTGAGE FUNDING TRUST 200_-_, a Delaware statutory trust (together with its permitted successors and assigns, the “Issuing Entity”), and , a , as Indenture Trustee (together with its permitted successors in the trusts hereunder, the “Indenture Trustee”).

NOVASTAR MORTGAGE, INC. as Seller, [NOVASTAR MORTGAGE FUNDING CORPORATION] [NOVASTAR CERTIFICATES FINANCING LLC] as Depositor, [ ] as Custodian and [ ] as Trustee MORTGAGE LOAN PURCHASE AGREEMENT Dated as of , 20[ ] Fixed and Adjustable Rate Mortgage...
Mortgage Loan Purchase Agreement • March 24th, 2006 • NovaStar Certificates Financing LLC • Asset-backed securities • New York

THIS MORTGAGE LOAN PURCHASE AGREEMENT (this “Purchase Agreement”), dated as of , 20[ ], is made among NovaStar Mortgage, Inc. (the “Seller”), [NovaStar Mortgage Funding Corporation] [NovaStar Certificates Financing LLC] (the “Depositor”), [ ] (the “Custodian”) and [ ] (the “Trustee”).

LIMITED LIABILITY COMPANY AGREEMENT OF NOVASTAR CERTIFICATES FINANCING LLC
Limited Liability Company Agreement • March 24th, 2006 • NovaStar Certificates Financing LLC • Asset-backed securities • Delaware

This Limited Liability Company Agreement (together with the schedules attached hereto, this “Agreement”) of NOVASTAR CERTIFICATES FINANCING LLC (the “Company”), is entered into by NOVASTAR MORTGAGE, INC., as the sole equity member (the “Member”), and NOVASTAR MORTGAGE FUNDING CORPORATION, as the Manager (as defined on Schedule A hereto). Capitalized terms used and not otherwise defined herein have the meanings set forth on Schedule A hereto.

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