EXHIBIT 4
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
XXXX XX XXXXXXX MORTGAGE SECURITIES, INC.,
as Depositor,
BANK OF AMERICA, N.A.,
as Servicer,
and
XXXXX FARGO BANK, N.A.,
as Trustee
AMENDMENT NO. 1
Dated March 25, 2005
to
POOLING AND SERVICING AGREEMENT
Dated May 27, 2004
-----------------------
Banc of America Alternative Loan Trust 2004-5
Mortgage Pass-Through Certificates
Series 2004-5
==============================================================================
AMENDMENT NO. 1, dated March 25, 2005, (the "Amendment"), to the
Pooling and Servicing Agreement dated May 27, 2004 (the "Agreement") among BANC
OF AMERICA MORTGAGE SECURITIES, INC., as depositor (the "Depositor"), BANK OF
AMERICA, N.A., as servicer (the "Servicer") and XXXXX FARGO BANK, N.A., as
trustee (the "Trustee").
WHEREAS, Section 11.01(i) of the Agreement provides, among other
things, that the Depositor, the Servicer and the Trustee may amend the
Agreement, subject to certain provisos, without the consent of the Holders of
Certificates, for the purpose of curing any ambiguity or mistake to the
provisions of the Agreement.
WHEREAS, the Depositor, the Servicer and the Trustee desire to amend
the Agreement, as set forth in this Amendment to correct a mistake.
NOW THEREFORE, in consideration of the mutual agreements herein
contained, the Depositor, the Master Servicer and the Trustee agree as follows:
All terms used in this Amendment which are defined in the Agreement,
either directly or by reference therein, have the meanings assigned to them
therein, except to the extent such terms are defined or modified in this
Amendment or the context clearly requires otherwise.
Section 1. Amendment of Section 5. Section 5.02(b)(iv) is hereby
deleted and replaced in its entirety with the following:
On each Distribution Date prior to the Senior Credit Support
Depletion Date for Group 4, the amount distributable to the Group 4 Senior
Certificates pursuant to Section 5.02(a)(iii) for such Distribution Date, will
be distributed sequentially, to the Class 4-A-1 and Class 4-A-2 Certificates, in
that order, until their Class Certificate Balances have been reduced to zero.
Section 2. Counterparts. This Amendment may be executed in any
number of counterparts, each of which when so executed shall be deemed to be an
original, but all of such counterparts shall together constitute but one and the
same instrument.
Section 3. Ratification of Agreement. Except as modified and
expressly amended by this Amendment, the Agreement is in all respects ratified
and confirmed, and all the terms, provisions and conditions thereof shall be and
remain in full force and effect.
Section 4. Governing Law. THIS AGREEMENT SHALL BE CONSTRUED IN
ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT APPLICATION OF THE
CONFLICTS OF LAWS PROVISIONS THEREOF, AND THE OBLIGATIONS, RIGHTS AND REMEDIES
OF THE PARTIES HEREUNDER SHALL BE DETERMINED IN ACCORDANCE WITH SUCH LAWS.
IN WITNESS WHEREOF, the Depositor, the Servicer and the Trustee have
caused their names to be signed hereto by their respective officers thereunto
duly authorized, all as of the day and year first above written.
BANC OF AMERICA MORTGAGE
SECURITIES, INC.,
as Depositor
By:
-----------------------------------------
Name: Xxxx Xxxxxx
Title: Vice President
BANK OF AMERICA, N.A.,
as Servicer
By:
-----------------------------------------
Name: Xxxxxxx X. Xxxxxx
Title: Senior Vice President
XXXXX FARGO BANK, N.A.,
as Trustee
By:
-----------------------------------------
Name: Xxxxxxxxxxx Xxxxxxx
Title: Vice President
STATE OF )
) ss.:
COUNTY OF )
)
On the 25th day of March, 2005, before me, a notary public in and
for the State of _____________, personally appeared Xxxxxxxxxxx Xxxxxxx, known
to me who, being by me duly sworn, did depose and say that he is a Vice
President of Xxxxx Fargo Bank, N.A., a national banking association, one of the
parties that executed the foregoing instrument; and that he signed his name
thereto by order of the Board of Directors of such association.
---------------------------------------
Notary Public
[Notarial Seal]
My commission expires ____________.
STATE OF )
) ss.:
COUNTY OF )
)
On the 25th day of March, 2005, before me, a notary public in and
for the State of _________________, personally appeared Xxxx Xxxxxx, known to me
who, being by me duly sworn, did depose and say that she is the Vice President
of Banc of America Mortgage Securities, Inc. a Delaware corporation, one of the
parties that executed the foregoing instrument; and that she signed her name
thereto by order of the Board of Directors of such corporation.
---------------------------------------
Notary Public
[Notarial Seal]
My commission expires ____________.
STATE OF NORTH CAROLINA )
) ss.:
COUNTY OF MECKLENBURG )
)
On the 25th day of March, 2005, before me, a notary public in and
for the State of North Carolina, personally appeared Xxxxxxx X. Xxxxxx, known to
me who, being by me duly sworn, did depose and say that he is the Senior Vice
President of Bank of America, N.A., a national banking association, one of the
parties that executed the foregoing instrument; and that he signed her name
thereto by order of the Board of Directors of such association.
---------------------------------------
Notary Public
[Notarial Seal]
My commission expires ____________.
