AMENDED AND RESTATED JUNIOR SUBORDINATED INDENTURE between HOMEBANC CORP. and WELLS FARGO BANK, NATIONAL ASSOCIATION, as TrusteeJunior Subordinated Indenture • September 1st, 2005 • Homebanc Corp • Real estate investment trusts • New York
THIS AMENDED AND RESTATED JUNIOR SUBORDINATED INDENTURE, dated as of August 29, 2005, between HomeBanc Corp. a Georgia corporation (the “Company”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking corporation, as Trustee (in such capacity, the “Trustee”).
SECOND AMENDED AND RESTATED TRUST AGREEMENT among HOMEBANC CORP., as Depositor WELLS FARGO BANK, NATIONAL ASSOCIATION, as Property Trustee WELLS FARGO DELAWARE TRUST COMPANY, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN as...Trust Agreement • September 1st, 2005 • Homebanc Corp • Real estate investment trusts • Delaware
THIS SECOND AMENDED AND RESTATED TRUST AGREEMENT, dated as of August 29, 2005 (as amended and restated, the “Trust Agreement”, among (i) HomeBanc Corp., a Georgia corporation (including any successors or permitted assigns, the “Depositor”), (ii) Wells Fargo Bank, National Association, as property trustee (in such capacity, the “Property Trustee”), (iii) Wells Fargo Delaware Trust Company, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) James Krakau and John Kubiak, each of whose address is c/o 2002 Summit Blvd., Suite 100, Atlanta, GA 30319 as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”) and (v) the several Holders, as hereinafter defined.
STRUCTURED ASSET MORTGAGE INVESTMENT II INC. AS DEPOSITOR WILMINGTON TRUST COMPANY, AS OWNER TRUSTEE AND U.S. BANK NATIONAL ASSOCIATION, as Certificate Registrar and Certificate Paying AgentTrust Agreement • November 3rd, 2004 • Homebanc Corp • Real estate investment trusts • Delaware
This Amended and Restated Trust Agreement, dated as of October 29, 2004 (as amended from time to time, this “Trust Agreement”), among Structured Asset Mortgage Investments II Inc., a Delaware corporation, as depositor (the “Depositor”), Wilmington Trust Company, a Delaware banking corporation, as owner trustee (the “Owner Trustee”), and U.S. Bank National Association, not individually but acting solely as Indenture Trustee (the “Indenture Trustee”), solely as certificate registrar (in such capacity, the “Certificate Registrar”) and certificate paying agent (in such capacity, the “Certificate Paying Agent”).
TRUST AGREEMENT among HMB ACCEPTANCE CORP., as Depositor, WILMINGTON TRUST COMPANY, as Owner Trustee and WELLS FARGO BANK, N.A., as Securities Administrator Dated as of November 1, 2006 HOMEBANC MORTGAGE TRUST 2006-2 Mortgage Backed NotesTrust Agreement • December 6th, 2006 • Homebanc Corp • Real estate investment trusts • Delaware
This TRUST AGREEMENT dated as of November 1, 2006, is by and among HMB ACCEPTANCE CORP., a Delaware corporation (the “Depositor”), WILMINGTON TRUST COMPANY, a Delaware banking corporation, as owner trustee (the “Owner Trustee”) and WELLS FARGO BANK, N.A., a national banking association, as securities administrator (the “Securities Administrator”).
UNDERWRITING AGREEMENT HomeBanc Corp. [ ] Shares of Common StockUnderwriting Agreement • January 7th, 2005 • Homebanc Corp • Real estate investment trusts • New York
HomeBanc Corp., a Georgia corporation (the “Company”), proposes to issue and sell to the several Underwriters listed in Schedule I hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), an aggregate of [ ] shares (the “Underwritten Shares”) and, at the option of the Underwriters, up to an additional [ ] shares (the “Option Shares”), of Common Stock, par value $0.01 per share (the “Stock”), of the Company. The Underwritten Shares and the Option Shares are herein referred to as the “Shares.”
HOMEBANC CORP., SELLER and HMB ACCEPTANCE CORP., DEPOSITOR MORTGAGE LOAN PURCHASE AGREEMENT Dated as of November 1, 2006 HomeBanc Mortgage Trust 2006-2 (Mortgage Backed Notes)Mortgage Loan Purchase Agreement • December 6th, 2006 • Homebanc Corp • Real estate investment trusts • New York
PURCHASE AGREEMENT among HOMEBANC CORP. HMB CAPITAL TRUST I and BEAR, STEARNS & CO. INC. Dated as of June 24, 2005Purchase Agreement • June 30th, 2005 • Homebanc Corp • Real estate investment trusts • New York
STRUCTURED ASSET MORTGAGE INVESTMENTS II INC., As Depositor HOMEBANC MORTGAGE TRUST 2004-2, as Issuer U.S. BANK NATIONAL ASSOCIATION, as Indenture Trustee WELLS FARGO BANK, NATIONAL ASSOCIATION, as Master Servicer and Securities Administrator and EMC...Sale and Servicing Agreement • November 3rd, 2004 • Homebanc Corp • Real estate investment trusts • New York
Sale and Servicing Agreement dated as of October 29, 2004 (the “Agreement”), among Structured Asset Mortgage Investments II Inc., a Delaware corporation, as depositor (the “Depositor”), HomeBanc Mortgage Trust 2004-2, a Delaware statutory trust, as issuer (the “Issuer”), U.S. Bank National Association, a national banking association, not in its individual capacity but solely as indenture trustee (the “Indenture Trustee”), Wells Fargo Bank, National Association, as master servicer (in such capacity, the “Master Servicer”) and as securities administrator (in such capacity, the “Securities Administrator”), and EMC Mortgage Corporation, as seller (in such capacity, the “Seller”) and as company (in such capacity, the “Company”).
EMPLOYMENT AGREEMENT BETWEEN JOHN KUBIAK AND HOMEBANC CORP.Employment Agreement • November 9th, 2006 • Homebanc Corp • Real estate investment trusts • Georgia
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into this 8th day of November, 2006 by and between HomeBanc Corp., a Georgia corporation (the “Company”), and John Kubiak (“Executive”), to be effective as of the Effective Date, as defined in Section 1.
MASTER REPURCHASE AGREEMENT 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”), and HOMEBANC MORTGAGE CORPORATION,...Master Repurchase Agreement • March 19th, 2004 • Homebanc Corp • New York
EMPLOYMENT AGREEMENT BETWEEN DR. PAUL LOPEZ AND HOMEBANC CORP.Employment Agreement • May 19th, 2004 • Homebanc Corp • Savings institution, federally chartered • Georgia
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into this 6th day of May, 2004 by and between HomeBanc Corp., a Georgia corporation (the “Company”), and Dr. Paul Lopez (“Executive”), to be effective as of the Effective Date, as defined in Section 1.
MASTER REPURCHASE AGREEMENT Between: BEAR STEARNS MORTGAGE CAPITAL CORPORATION, as Buyer and ABETTERWAYHOME FINANCE, LLC II, as Seller Dated as of April 29, 2004Master Repurchase Agreement • May 19th, 2004 • Homebanc Corp • Savings institution, federally chartered • New York
This is a MASTER REPURCHASE AGREEMENT, dated as of April 29, 2004, between ABETTERWAYHOME FINANCE, LLC II, a Delaware limited liability company (the “Seller”) and BEAR STEARNS MORTGAGE CAPITAL CORPORATION, a Delaware corporation (the “Buyer”).
The “9/04 First Commercial Bank Senior Credit Note”)Senior Credit Note • September 15th, 2004 • Homebanc Corp • Real estate investment trusts • Texas
FOR VALUE RECEIVED, HOMEBANC CORP., a Georgia corporation, and its wholly-owned subsidiary, HOMEBANC MORTGAGE CORPORATION, a Delaware corporation (“Makers” or the “Companies”) jointly and severally to pay to the order of FIRST COMMERCIAL BANK, NEW YORK AGENCY (“Payee”), the New York licensed agency of a Republic of China banking corporation (having an office at 750 Third Avenue, 34th Floor, New York, New York 10017), at the main Houston branch of JPMorgan Chase Bank, 712 Main Street, Houston, Harris County, Texas 77002, or at such other place as the Agent may hereafter designate in writing, in immediately available funds and in lawful money of the United States of America, the principal sum of Twenty Million Dollars ($20,000,000) (or the unpaid balance of all principal advanced against this note, if that amount is less), together with interest on the unpaid principal balance of this note from time to time outstanding until maturity at the applicable rate(s) provided for in the Credit A
TRUST AGREEMENT among HMB ACCEPTANCE CORP., as Depositor, WILMINGTON TRUST COMPANY, as Owner Trustee and WELLS FARGO BANK, N.A., as Securities Administrator Dated as of March 1, 2005 HOMEBANC MORTGAGE TRUST 2005-2 Mortgage Backed NotesTrust Agreement • April 6th, 2005 • Homebanc Corp • Real estate investment trusts • Delaware
This TRUST AGREEMENT dated as of March 1, 2005, is by and among HMB ACCEPTANCE CORP., a Delaware corporation (the “Depositor”), WILMINGTON TRUST COMPANY, a Delaware banking corporation, as owner trustee (the “Owner Trustee”) and WELLS FARGO BANK, N.A., a national banking association, as securities administrator (the “Securities Administrator”).
UNDERWRITING AGREEMENT HomeBanc Corp. 34,500,000 Shares of Common StockUnderwriting Agreement • July 21st, 2004 • Homebanc Corp • Real estate investment trusts • New York
HomeBanc Corp., a Georgia corporation (the “Company”), proposes to issue and sell to the several Underwriters listed in Schedule I hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), an aggregate of 30,000,000 shares (the “Underwritten Shares”) and, at the option of the Underwriters, up to an additional 4,500,000 shares (the “Option Shares”), of Common Stock, par value $0.01 per share (the “Stock”), of the Company. The Underwritten Shares and the Option Shares are herein referred to as the “Shares.”
FORM OF UNDERWRITING AGREEMENT HomeBanc Corp. 38,238,773 Shares of Common StockUnderwriting Agreement • June 9th, 2004 • Homebanc Corp • Real estate investment trusts • New York
HomeBanc Corp., a Georgia corporation (the “Company”), proposes to issue and sell to the several Underwriters listed in Schedule I hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), an aggregate of 30,000,000 shares and, at the option of the Underwriters, up to an additional 4,987,666 shares, of Common Stock, par value $0.01 per share (the “Stock”), of the Company and the shareholders of the Company named in Schedule II hereto (the “Selling Shareholders”) propose to sell to the Underwriters an aggregate of 3,251,107 shares of Stock. The aggregate of 33,251,107 shares to be sold by the Company and the Selling Shareholders is herein called the “Underwritten Shares” and the aggregate of 4,987,666 additional shares to be sold by the Company is herein called the “Option Shares.” The Underwritten Shares and the Option Shares are herein referred to as the “Shares.”
EMPLOYMENT AGREEMENTEmployment Agreement • May 10th, 2007 • Homebanc Corp • Real estate investment trusts • Georgia
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into this 29th day of January, 2007 by and between HomeBanc Corp., a Georgia corporation (the “Company”), and Kevin D. Race (“Executive”), to be effective as of the Effective Date, as defined in Section 1.
AMENDED AND RESTATED REGISTRATION AGREEMENTRegistration Agreement • July 21st, 2004 • Homebanc Corp • Real estate investment trusts • Illinois
THIS REGISTRATION AGREEMENT (this “Agreement”) is made as of July 13, 2004, by and among (i) HomeBanc Corp., a Georgia corporation (the “Company”), (ii) GTCR Fund VII, L.P., a Delaware limited partnership (“Fund VII”), GTCR Fund VII/A, L.P., a Delaware limited partnership (“Fund VII/A”), GTCR Co-Invest, L.P., a Delaware limited partnership (“Co-Invest L.P.”), and any other investment fund managed by GTCR Golder Rauner, L.L.C. (“Manager”) that at any time holds Registrable Securities (as defined herein) acquired from Fund VII, Fund VII/A or Co-Invest L.P. and executes a counterpart of this Agreement or otherwise agrees to be bound by this Agreement (each, an “Investor” and collectively, the “Investors”, and each as set forth on the attached “Schedule of Holders” under the heading “Investors”). Unless otherwise provided in this Agreement, capitalized terms used herein shall have the meanings set forth in Section 6 hereof. This Agreement replaces and supersedes in its entirety, the Regist
HOMEBANC MORTGAGE TRUST 2006-2, as Issuer HMB ACCEPTANCE CORP., as Depositor WELLS FARGO BANK, N.A., as Securities Administrator and Master Servicer HOMEBANC CORP., as Seller and Servicer and TRANSFER AND SERVICING AGREEMENT Dated as of November 1,...Transfer and Servicing Agreement • December 6th, 2006 • Homebanc Corp • Real estate investment trusts • New York
This TRANSFER AND SERVICING AGREEMENT, dated as of November 1, 2006 (this “Agreement” or this “Transfer and Servicing Agreement”), is by and among HOMEBANC MORTGAGE TRUST 2006-2, a Delaware statutory trust, as issuer (the “Issuer”), HMB ACCEPTANCE CORP., a Delaware corporation, as depositor (the “Depositor”), U.S. BANK NATIONAL ASSOCIATION, as indenture trustee (the “Indenture Trustee”), WELLS FARGO BANK, N.A., as securities administrator (in such capacity, the “Securities Administrator”) and master servicer (in such capacity, the “Master Servicer”) and HOMEBANC CORP., a Georgia corporation, as seller (in such capacity, the “Seller”) and servicer (in such capacity, the “Servicer”).
ASSIGNMENT, ASSUMPTION AND RECOGNITION AGREEMENTAssignment, Assumption and Recognition Agreement • November 3rd, 2004 • Homebanc Corp • Real estate investment trusts • New York
This is an Assignment, Assumption and Recognition Agreement (this “AAR Agreement”) made as of October 29, 2004 (the “Closing Date”), among EMC Mortgage Corporation, (the “Assignor”), HomeBanc Mortgage Trust 2004-2, as issuer (the “Assignee”), HMB Acceptance Corp. (the “Company”) and HomeBanc Corp. (the “Servicer”).
TRUST AGREEMENT OF HOMEBANC MORTGAGE TRUST 2007-1Trust Agreement • April 6th, 2007 • Homebanc Corp • Real estate investment trusts • Delaware
This TRUST AGREEMENT (this “Trust Agreement”), is made as of March 29, 2007, by and among (i) HMB Acceptance Corp., a Delaware corporation, as depositor (the “Depositor”), (ii) U.S. Bank National Association, a national banking association, as trustee (the “Trustee”) and (iii) Wilmington Trust Company, a Delaware banking corporation, as Delaware trustee (the “Delaware Trustee”) (the Trustee and the Delaware Trustee together, the “Trustees”). The Depositor and the Trustees hereby agree as follows:
8/05 AMENDED AND RESTATED SENIOR SECURED CREDIT AGREEMENT dated as of August 1, 2005 by and among HOMEBANC CORP. and HOMEBANC MORTGAGE CORPORATION and JPMORGAN CHASE BANK, N.A., as Administrative Agent, Collateral Agent and a Lender, and the other...Senior Secured Credit Agreement • August 5th, 2005 • Homebanc Corp • Real estate investment trusts • Texas
This 8/05 Amended and Restated Senior Secured Credit Agreement (the “8/05 Credit Agreement” and as it may be supplemented, amended or restated, the “Current Credit Agreement” or, within itself, this “Agreement”), executed as of August 1, 2005 (the “Effective Date”), among:
MASTER REPURCHASE AGREEMENT Between: Merrill Lynch Bank USA, as Buyer, HomeBanc Mortgage Corporation, as a Seller and HomeBanc Corp., as a Seller Dated as of February 24, 2006Master Repurchase Agreement • March 1st, 2006 • Homebanc Corp • Real estate investment trusts • New York
This is a MASTER REPURCHASE AGREEMENT, dated as of February 24, 2006, among HOMEBANC MORTGAGE CORPORATION, a Delaware corporation (“HMC” and a “Seller”), HOMEBANC CORP., a Georgia corporation (“HB Corp.” and a “Seller” and, together with HMC, the “Sellers”) and MERRILL LYNCH BANK USA, a Utah industrial loan corporation (the “Buyer”).
AMENDMENT NO. 6 TO MASTER REPURCHASE AGREEMENTMaster Repurchase Agreement • September 15th, 2005 • Homebanc Corp • Real estate investment trusts • New York
Amendment No. 6 dated as of September 12, 2005 (this “Amendment”), by and between BEAR STEARNS MORTGAGE CAPITAL CORPORATION (the “Buyer”), ABETTERWAYHOME FINANCE, LLC II (“Finance”) and HOMEBANC FUNDING CORP. II (“Funding” and, together with Finance, the “Seller”).
HMB ACCEPTANCE CORP., as Depositor WELLS FARGO BANK, N.A., as Securities Administrator and Master Servicer HOMEBANC MORTGAGE CORPORATION, as Seller and Servicer WILMINGTON TRUST COMPANY, as Delaware Trustee and U.S. BANK NATIONAL ASSOCIATION, as...Pooling and Servicing Agreement • April 6th, 2007 • Homebanc Corp • Real estate investment trusts • Delaware
This POOLING AND SERVICING AGREEMENT, dated as of March 1, 2007 (this “Agreement” or this “Pooling and Servicing Agreement”), is by and among HMB ACCEPTANCE CORP., a Delaware corporation, as depositor (the “Depositor”), U.S. BANK NATIONAL ASSOCIATION, as trustee (the “Trustee”), WELLS FARGO BANK, N.A., as securities administrator (in such capacity, the “Securities Administrator”) and master servicer (in such capacity, the “Master Servicer”), HOMEBANC MORTGAGE CORPORATION, a Georgia corporation, as seller (in such capacity, the “Seller”) and as servicer (in such capacity, the “Servicer”) and WILMINGTON TRUST COMPANY, a Delaware banking corporation, as Delaware trustee (the “Delaware Trustee”).
AGREEMENT AND PLAN OF REORGANIZATION By and Between HOMEBANC CORP. and HBMC HOLDINGS, LLC Dated as of June 14, 2004Agreement and Plan of Reorganization • June 25th, 2004 • Homebanc Corp • Real estate investment trusts • Delaware
THIS AGREEMENT AND PLAN OF REORGANIZATION (this “Agreement”) is made and entered into as of June 14, 2004 by and between HomeBanc Corp. (“HomeBanc”), a Georgia corporation, and HBMC Holdings, LLC (“HBMC”), a Delaware limited liability company. HBMC and HomeBanc are sometimes referred to herein each as a “Party” and collectively as the “Parties”.
AMENDED AND RESTATED LIMITED GUARANTYLimited Guaranty • June 5th, 2006 • Homebanc Corp • Real estate investment trusts • New York
AMENDED AND RESTATED LIMITED GUARANTY, dated as of May 31, 2006 (the “Guaranty”), made by HOMEBANC CORP. (the “Limited Guarantor”) in favor of Bear Stearns Mortgage Capital Corporation (the “Buyer”), party to the Master Repurchase Agreement dated April 29, 2004 by and among Buyer and HomeBanc Funding Corp. II (the “Seller”) (as amended from time to time, the “Repurchase Agreement”).
JOINDER AND ASSUMPTION AGREEMENT for HOMEBANC CORP. and HOMEBANC MORTGAGE CORPORATION 6/04 AMENDED AND RESTATED SENIOR SECURED CREDIT AGREEMENTJoinder and Assumption Agreement • August 11th, 2004 • Homebanc Corp • Real estate investment trusts • Texas
Reference is made to the 6/04 Senior Secured Credit Agreement dated as of June 7, 2004 (as it may be supplemented, amended or restated from time to time, the “Current Credit Agreement”), among HOMEBANC CORP. (“HC”), HOMEBANC MORTGAGE CORPORATION (“HMC” and together with HC, the “Companies”), JPMORGAN CHASE BANK and the other lenders party thereto (the “Lenders”) and JPMORGAN CHASE BANK, as agent and representative of the Lenders (the “Agent”). Terms defined in the Current Credit Agreement and used but not defined differently herein have the same meanings here as there.
AMENDMENT TO EMPLOYMENT AGREEMENT with Dr. Paul LopezEmployment Agreement • September 28th, 2005 • Homebanc Corp • Real estate investment trusts
THIS AMENDMENT (this “Amendment”), effective as of September 27, 2005, by and between HomeBanc Corp., a Georgia corporation (the “Company”), and Dr. Paul Lopez (“Executive”), amends that certain Employment Agreement, dated as of May 6, 2004, by and between the Company and Executive (the “Employment Agreement”).
STOCK PURCHASE AGREEMENT HomeBanc Corp. 4,250,000 Shares of Common StockStock Purchase Agreement • July 21st, 2004 • Homebanc Corp • Real estate investment trusts • New York
HomeBanc Corp., a Georgia corporation (the “Company”), proposes to issue and sell to GTCR Fund VII/A, L.P. (the “Fund” or “you”) 4,250,000 shares of Common Stock, par value $0.01 per share (the “Shares”) of the Company.
STRUCTURED ASSET MORTGAGE INVESTMENTS II INC., as Depositor HOMEBANC MORTGAGE TRUST 2004-1, as Issuer U.S. BANK NATIONAL ASSOCIATION, as Indenture Trustee WELLS FARGO BANK, NATIONAL ASSOCIATION, as Master Servicer and Securities Administrator and EMC...Sale and Servicing Agreement • August 26th, 2004 • Homebanc Corp • Real estate investment trusts • New York
Sale and Servicing Agreement dated as of July 30, 2004 (the “Agreement”), among Structured Asset Mortgage Investments II Inc., a Delaware corporation, as depositor (the “Depositor”), HomeBanc Mortgage Trust 2004-1, a Delaware statutory trust, as issuer (the “Issuer”), U.S. Bank National Association, a national banking association, not in its individual capacity but solely as indenture trustee (the “Indenture Trustee”), Wells Fargo Bank, National Association, as master servicer (in such capacity, the “Master Servicer”) and as securities administrator (in such capacity, the “Securities Administrator”), and EMC Mortgage Corporation, as seller (in such capacity, the “Seller”) and as company (in such capacity, the “Company”).
AMENDMENT NO. 1 TO MASTER REPURCHASE AGREEMENTMaster Repurchase Agreement • April 27th, 2007 • Homebanc Corp • Real estate investment trusts • New York
Amendment No. 1, dated as of April 25, 2007 (this “Amendment”), by and among JPMORGAN CHASE BANK, N.A. (the “Buyer”), HOMEBANC MORTGAGE CORPORATION (a “Seller”) and HOMEBANC CORP. (a “Seller”).
FIRST AMENDED AND RESTATED WAREHOUSING CREDIT AND SECURITY AGREEMENTWarehousing Credit and Security Agreement • March 19th, 2004 • Homebanc Corp • Minnesota
FIRST AMENDED AND RESTATED WAREHOUSING CREDIT AND SECURITY AGREEMENT, dated as of April 30, 2003 between HOMEBANC MORTGAGE CORPORATION, a Delaware corporation (“Borrower”), and RESIDENTIAL FUNDING CORPORATION, a Delaware corporation (“Lender”).
MASTER REPURCHASE AGREEMENT Between: JPMORGAN CHASE BANK, N.A., as Buyer and HOMEBANC CORP., as a Seller and HOMEBANC MORTGAGE CORPORATION, as a Seller Dated as of January 23, 2007Master Repurchase Agreement • January 24th, 2007 • Homebanc Corp • Real estate investment trusts • New York
This is a MASTER REPURCHASE AGREEMENT, dated as of January 23, 2007, between HOMEBANC CORP., a Georgia corporation (“HB Corp.” and a “Seller”), HOMEBANC MORTGAGE CORPORATION, a Delaware corporation (“HMC” and a “Seller” and together with HB Corp. the “Sellers”) and JPMORGAN CHASE BANK, N.A., a national banking association organized under the laws of the United States (the “Buyer”).
HOMEBANC MORTGAGE TRUST 2005-2, as Issuer HMB ACCEPTANCE CORP., as Depositor WELLS FARGO BANK, N.A., as Securities Administrator and Master Servicer HOMEBANC CORP., as Seller and Servicer andTransfer and Servicing Agreement • April 6th, 2005 • Homebanc Corp • Real estate investment trusts • New York
This TRANSFER AND SERVICING AGREEMENT, dated as of March 1, 2005 (this “Agreement” or this “Transfer and Servicing Agreement”), is by and among HOMEBANC MORTGAGE TRUST 2005-2, a Delaware statutory trust, as issuer (the “Issuer”), HMB ACCEPTANCE CORP., a Delaware corporation, as depositor (the “Depositor”), U.S. BANK NATIONAL ASSOCIATION, as indenture trustee (the “Indenture Trustee”), WELLS FARGO BANK, N.A., as securities administrator (in such capacity, the “Securities Administrator”) and master servicer (in such capacity, the “Master Servicer”) and HOMEBANC CORP., a Georgia corporation, as seller (in such capacity, the “Seller”) and servicer (in such capacity, the “Servicer”).
