Exhibit 10.4
ADDENDUM TO THE MASTER AGREEMENT FOR
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PURCHASE AND SALE OF
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MORTGAGE LOANS
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(THIRD PARTY ORIGINATORS)
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This Addendum to the Master Agreement for Purchase and Sale of Mortgage
Loans dated June 9, 1999 ("The Agreement") by and between Westmark Mortgage
Corporation ("Seller") and EquiCredit Corporation of America ("Purchaser")
witnesseth:
WHEREAS, Seller desires to sell Accounts to Purchaser which have been
originated in the name of, and funded by, a third party; ("Third Party Accounts"
and "Third Party Originator(s)," respectively) and Purchaser is willing, subject
to the additional terms of this addendum to purchase such Accounts. The parties
therefore agree:
1. Seller will notify Purchaser of the name of any company which acted
as lender with respect to Third Party Accounts. The fact that an account is a
Third Party Account and the name of the lender shall be disclosed at the time
the loan is submitted for a price quotation. Purchaser may, but is not required
to, notify Seller of the names of Third Party Originators whose Accounts it will
refuse to purchase.
2. Seller shall remain fully responsible for all obligations contained
in the Agreement. Seller shall not be excused from any obligation under that
agreement pertaining to the origination of the Account by reason of the fact
that the loan was originated by a Third Party Originator. No qualification as to
knowledge contained in and representation or warranty shall be effective if the
Third Party Originator has such knowledge, or with the exercise of due diligence
would be presumed to have such knowledge.
IN WITNESS WHEREOF, the parties have executed this addendum this 25th
day of June 1999.
EQUICREDIT CORPORATION OF AMERICA WESTMARK MORTGAGE CORPORATION
By: By: /s/ Xxxxxx Story III
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Title: Title: PRESIDENT/COO
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Witness: Witness:
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