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XXXXX FARGO ASSET SECURITIES CORPORATION
(Seller)
and
XXXXX FARGO BANK MINNESOTA, NATIONAL ASSOCIATION
(Master Servicer)
and
WACHOVIA BANK, NATIONAL ASSOCIATION,
(Trustee)
AMENDMENT NO. 1
Dated as of June 20, 2003
TO
the
POOLING AND SERVICING AGREEMENT
Dated as of February 26, 2003
$900,457,254.08
Mortgage Pass-Through Certificates
Series 2003-1
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AMENDMENT NO. 1, dated as of June 20, 2003, ("Amendment"), to the
Pooling and Servicing Agreement, dated as of February 26, 2003 (the
"Agreement"), among XXXXX FARGO ASSET SECURITIES CORPORATION, as Seller, XXXXX
FARGO BANK MINNESOTA, NATIONAL ASSOCIATION, as Master Servicer, and WACHOVIA
BANK, NATIONAL ASSOCIATION, as Trustee.
WHEREAS, Section 10.01(a)(i) of the Agreement provides, among other
things, that the Seller, the Master 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 in the
provisions of the Agreement.
WHEREAS, the Seller, the Master Servicer and the Trustee desire to
amend the Agreement, as set forth in this Amendment to cure a mistake.
NOW THEREFORE, in consideration of the mutual agreements herein
contained, the Seller, 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 11.06. Section 11.06 of the
Agreement is hereby amended to read in its entirety as follows:
Section 11.06 Original Aggregate Non-PO Principal Balance.
(a) Original Aggregate Non-PO Principal Balance for Group I.
The Original Aggregate Non-PO Principal Balance for Group I
is $499,785,603.71.
(b) Original Aggregate Non-PO Principal Balance for Group II.
The Original Aggregate Non-PO Principal Balance for Group II
is $400,038,740.29.
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 Amendment shall be construed in
accordance with the laws of the State of New York (without regard to conflicts
of laws principles), and the obligations, rights and remedies of the parties
hereunder shall be determined in accordance with such laws.
IN WITNESS WHEREOF, the Seller, the Master 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.
XXXXX FARGO ASSET SECURITIES CORPORATION
as Seller
By:
--------------------------------
Name: Xxxxx X. Xxxxxx
Title: Vice President
XXXXX FARGO BANK MINNESOTA, NATIONAL
ASSOCIATION
as Master Servicer
By:
--------------------------------
Name: Xxxxxxx X. Xxxx, III
Title: Vice President
WACHOVIA BANK, NATIONAL ASSOCIATION
as Trustee
By:
--------------------------------
Name:
Title:
Attest:
By:
-------------------------
Name:
Title:
STATE OF MARYLAND )
ss.:
COUNTY OF XXXXXXXXXX )
On this 20th day of June, 2003, before me, a notary public in and
for the State of Maryland, personally appeared Xxxxx X. Xxxxxx, known to me who,
being by me duly sworn, did depose and say that she resides in Potomac,
Maryland; that she is a Vice President of Xxxxx Fargo Asset Securities
Corporation, 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 said corporation.
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Notary Public
[NOTARIAL SEAL]
STATE OF MARYLAND )
ss.:
COUNTY OF XXXXXXXXX )
On this 20th day of June, 2003, before me, a notary public in and
for the State of Maryland, personally appeared Xxxxxxx X. Xxxx, III, known to me
who, being by me duly sworn, did depose and say that he resides in Frederick,
Maryland; that he is a Vice President of Xxxxx Fargo Bank Minnesota, National
Association, 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 said association.
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Notary Public
[NOTARIAL SEAL]
STATE OF NORTH CAROLINA )
ss.:
COUNTY OF MECKLENBURG )
On this 20th day of June, 2003, before me, a notary public in and
for the State of North Carolina, personally appeared _____________________,
known to me who, being by me duly sworn, did depose and say that he resides at
__________________, North Carolina; that he is a _____________________ of
Wachovia Bank, National Association, a national banking association, one of the
parties that executed the foregoing instrument; and that s/he signed his name
thereto by order of the Board of Directors of said corporation.
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Notary Public
[NOTARIAL SEAL]
