BEAR STEARNS ASSET BACKED SECURITIES, INC., Depositor EMC MORTGAGE CORPORATION, Seller and Servicer WELLS FARGO BANK, N.A., Master Servicer and Securities Administrator and JPMORGAN CHASE BANK TrusteePooling and Servicing Agreement • April 26th, 2004 • Bear Stearns Asset-Backed Certificates Series 2004-Sd1 • Asset-backed securities • New York
Schedule I Schedule II Exhibits Exhibit A-1 Exhibit A-2 Exhibit A-3 Exhibit A-4 Exhibit A-5 Exhibit A-6 Exhibit A-7 Exhibit A-8 Exhibit A-9 Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Exhibit K List of Servicing Agreements List of Assignment, Assumptions and Recognition Agreements Form of Class A-1 Certificates Form of Class A-2 Certificates Form of Class M-1 Certificates Form of Class M-2 Certificates Form of Class M-3 Certificates Form of Class B Certificates Form of Class B-IO Certificates Form of Class R-1 Certificates Form of Class R-2 Certificates Mortgage Loan Schedule Reserved Form of Transfer Affidavit Form of Transferor Certificate Form of Investment Letter (Non-Rule 144A) Form of Rule 144A Investment Letter Form of Request for Release DTC Letter of Representations Schedule of Mortgage Loans with Lost Notes EMC Mortgage Loan Servicing
ASSIGNMENT, ASSUMPTION AND RECOGNITION AGREEMENTAssignment, Assumption and Recognition Agreement • April 26th, 2004 • Bear Stearns Asset-Backed Certificates Series 2004-Sd1 • Asset-backed securities • New York
This is an Assignment, Assumption and Recognition Agreement (this “AAR Agreement”) made as of March 30, 2004, among EMC Mortgage Corporation (the “Assignor”), JPMorgan Chase Bank, as trustee for the holders of Bear Stearns Asset Backed Securities Trust 2004-SD1, Mortgage Pass-Through Certificates, Series 2004-SD1 (the “Assignee”) and Bank of America, N.A. (the “Company”) and acknowledged and agreed to by Wells Fargo Bank, N.A, as master servicer and securities administrator under the Pooling and Servicing Agreement (as defined below).
ASSIGNMENT, ASSUMPTION AND RECOGNITION AGREEMENTAssignment, Assumption and Recognition Agreement • April 26th, 2004 • Bear Stearns Asset-Backed Certificates Series 2004-Sd1 • Asset-backed securities • New York
THIS ASSIGNMENT, ASSUMPTION AND RECOGNITION AGREEMENT (the “Assignment and Assumption Agreement”), dated as of March 1, 2004, by EMC Mortgage Corporation, a Delaware corporation (the “Assignor”), JPMorgan Chase Bank, as trustee (the “Assignee”) for the holders of Bear Stearns Asset Backed Securities Trust2004-SD1, Asset-Backed Certificates, Series2004-SD1 (the “Certificates”), Bear Stearns Asset Backed Securities, Inc. (the “Depositor”), Washington Mutual Bank, FA (the “Company” or a “Seller”), Washington Mutual Bank (“WMB” or a “Seller”) and Washington Mutual Bank fsb (“WFSB”, and together with the Company and WMB, the “Sellers”).
221,728,106 ASSET-BACKED CERTIFICATES, SERIES 2004-SD1 UNDERWRITING AGREEMENTUnderwriting Agreement • April 26th, 2004 • Bear Stearns Asset-Backed Certificates Series 2004-Sd1 • Asset-backed securities • New York
The Certificates will be issued pursuant to a pooling and servicing agreement dated as of March 1, 2004 (the “Pooling and Servicing Agreement”), among the Depositor, EMC Mortgage Corporation as seller and a servicer (in its capacity as the seller, the “Seller” and in its capacity as a servicer, a “Servicer”), Wells Fargo Bank, N.A., as securities administrator and as master servicer (in its capacity as securities administrator, the “Securities Administrator” and in its capacity as master servicer, the “Master Servicer”), and JPMorgan Chase, as trustee (the “Trustee”). The Certificates will evidence obligations of the Trust.
ASSIGNMENT AND ASSUMPTION AGREEMENTAssignment and Assumption Agreement • April 26th, 2004 • Bear Stearns Asset-Backed Certificates Series 2004-Sd1 • Asset-backed securities • New York
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the “Agreement”), dated as of March 30, 2003, among EMC Mortgage Corporation, a Delaware corporation (the “Assignor”), JPMorgan Chase Bank, as trustee (in such capacity the “Trustee”) for the holders of Bear Stearns Asset-Backed Securities Trust 2004-SD1, Asset-Backed Certificates, Series 2004-SD1 (the “Assignee”), and Wells Fargo Home Mortgage, Inc. (the “Company”):
