FINANCIAL ASSET SECURITIES CORP., Depositor WELLS FARGO BANK, N.A., Servicer WELLS FARGO BANK, N.A., Master Servicer and Trust Administrator DEUTSCHE BANK NATIONAL TRUST COMPANY, Trustee POOLING AND SERVICING AGREEMENT Dated as of August 1, 2006...
FINANCIAL
ASSET SECURITIES CORP.,
Depositor
XXXXX
FARGO BANK, N.A.,
Servicer
XXXXX
FARGO BANK, N.A.,
Master
Servicer and Trust Administrator
DEUTSCHE
BANK NATIONAL TRUST COMPANY,
Trustee
Dated
as
of August 1, 2006
___________________________
Asset-Backed
Certificates, Series 2006-3
_____________________
AMENDMENT
NO. 1 TO POOLING AND SERVICING AGREEMENT
Dated
as
of September 15, 2006
_________________________
Asset-Backed
Certificates, Series 2006-3
AMENDMENT
NO. 1
AMENDMENT
No. 1 (this “Amendment”) effective as of August 1, 2006 (the “Effective Date”)
among FINANCIAL ASSET SECURITIES CORP. (the “Depositor”), XXXXX FARGO BANK,
N.A., (the “Servicer,” the “Master Servicer” and the “Trust Administrator”) and
DEUTSCHE BANK NATIONAL TRUST COMPANY (the “Trustee”).
PRELIMINARY
STATEMENT
WHEREAS,
the Depositor, Servicer, Master Servicer, Trust Administrator and the Trustee
are parties to the Pooling and Servicing Agreement, dated as of August 1,
2006
(the “Agreement”); and
WHEREAS,
Section 11.01 of the Agreement provides that the Agreement may be amended
by the
Depositor, the Servicer, the Master Servicer, the Trust Administrator and
the
Trustee;
NOW,
THEREFORE, in consideration of the foregoing and of other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged,
the
parties hereto agree as follows:
1. Capitalized
terms used but not defined herein shall have the meanings ascribed to such
terms
in the Agreement.
2. Amendments
The
definition of Servicer Remittance Date, included in Section 1.01 of the
Agreement is replaced in its entirety by the following:
“With
respect to any Distribution Date, the second Business Day prior to such
Distribution Date.”
3. Except
as
expressly modified or amended in this Amendment, all of the terms, covenants,
provisions, agreements and conditions of the Agreement are hereby ratified
and
confirmed in every respect and shall remain unmodified and unchanged and
shall
continue in full force and effect.
4. The
Depositor certifies that all conditions for the execution of this Amendment
have
been satisfied.
5. This
Amendment shall become effective as of the date hereof when, and only when,
the
Agent shall have received executed counterparts of this Amendment from the
parties hereto.
6. This
Amendment may be executed in counterparts, each of which shall be an original
but all of which, taken together, shall constitute one and the same instrument.
This Amendment shall be construed in accordance with the laws of the State
of
New York (excluding provisions regarding conflicts of laws) and the obligations,
rights and remedies of the parties hereunder shall be determined in accordance
with such laws.
IN
WITNESS WHEREOF, the parties have duly executed this Amendment No. 1 as of
the
date first above written.
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FINANCIAL
ASSET SECURITIES CORP.,
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as
Depositor
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By:
/s/
Xxx Xxxxxxxxxx
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Name:
Xxx Xxxxxxxxxx
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Title:
Vice President
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XXXXX
FARGO BANK, N.A.,
as
Servicer
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By: /s/
Xxxxxx
XxXxxxxx
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Name:
Xxxxxx XxXxxxxx
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Title:
Vice President
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XXXXX
FARGO BANK, N.A.,
as
Master Servicer and Trust Administrator
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By: /s/
Xxxxx Xxxxxxx
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Name:
Xxxxx Xxxxxxx
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Title:
Vice President
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DEUTSCHE
BANK NATIONAL TRUST
COMPANY,
as
Trustee
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By: /s/
Xxxxxxx Xxxxx
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Name:
Xxxxxxx Xxxxx
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Title:
Vice President
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By:
/s/
Xxxxxxx Xxxxxxxxx
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Name:
Xxxxxxx Xxxxxxxxx
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Title:
Authorized Signer
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