IMPAC CMB TRUST SERIES 2004-10
Issuer
and
DEUTSCHE BANK NATIONAL TRUST COMPANY
Indenture Trustee
SUPPLEMENTAL INDENTURE NO. 1 dated as of
January 14, 2005 to the
INDENTURE
Dated as of November 24, 2004
COLLATERALIZED ASSET-BACKED BONDS
SUPPLEMENTAL INDENTURE NO. 1 made as of this 14th day of January 2005,
between Impac CMB Trust Series 2004-10, as issuer (the "Issuer") and Deutsche
Bank National Trust Company, as indenture trustee (the "Indenture Trustee").
W I T N E S S E T H
WHEREAS, the Issuer and the Indenture Trustee entered into an Indenture
(the "Agreement") dated as of November 24, 2004, relating to the issuance of
Collateralized Asset-Backed Bonds, Series 2004-10; and
WHEREAS, the Issuer and the Indenture Trustee desire to amend the terms
of the Agreement pursuant to and in accordance with Section 9.01(a) of the
Agreement.
NOW, THEREFORE, in consideration of the mutual premises and agreements
herein, the Issuer and the Indenture Trustee agree as follows:
1. Capitalized terms used herein and not defined herein shall have the
meanings assigned to such terms in the Agreement.
2. Effective as of November 24, 2004 the Indenture is hereby amended as
follows:
3. The eleventh sentence in the defined term BOND MARGIN under the
Appendix A Definitions to the Agreement shall be deleted in its entirety and
replaced with the following sentence: "With respect to the Class 4-A-1 Bonds, on
any Payment Date prior to the Step-Up Date, 0.370% per annum, and on any Payment
Date on and after the Step-Up Date, 0.740% per annum."
4. Notice of this Supplemental Indenture has been given to each of
Standard & Poor's, a division of The XxXxxx-Xxxx Companies, Inc. and Xxxxx'x
Investors Service, Inc. pursuant to 9.01(a) of the Indenture.
5. Except as amended above, the Indenture shall continue to be in full
force and effect in accordance with its terms.
3
IN WITNESS WHEREOF, the Issuer and the Indenture Trustee have caused
their duly authorized representatives to execute and deliver this instrument as
of the date first above written.
IMPAC CMB TRUST SERIES 2004-10, as
Issuer Wilmington Trust Company, not in its
individual capacity but solely as Owner
Trustee
By: /s/ Xxxxxx X. Xxxxxxx
----------------------
Name: Xxxxxx X. Xxxxxxx
Title: Financial Services Officer
DEUTSCHE BANK NATIONAL TRUST COMPANY,
as Indenture Trustee
By: /s/ Xxxxxxx Xxxxxxxx
---------------------
Name: Xxxxxxx Xxxxxxxx
Title: Assistant Vice President
