EXHIBIT 4
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XXXX XX XXXXXXX MORTGAGE SECURITIES, INC.,
as Depositor,
BANK OF AMERICA, N.A.,
as Servicer,
and
THE BANK OF NEW YORK,
as Trustee
AMENDMENT NO. 1
Dated July 12, 2002
TO
POOLING AND SERVICING AGREEMENT
Dated June 25, 2002
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Mortgage Pass-Through Certificates
Series 2002-6
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AMENDMENT NO. 1, dated July 12, 2002, (the "Amendment"), to the
Pooling and Servicing Agreement dated June 25, 2002 (the "Agreement") among BANK
OF AMERICA MORTGAGE SECURITIES, INC., as depositor (the "Depositor"), BANK OF
AMERICA, N.A., as servicer (the "Servicer") and THE BANK OF NEW YORK, 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.
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 1. The definition of "Priority
Amount" is hereby replaced in its entirety with the following:
Priority Amount: As to any Distribution Date, the lesser of (i) the
Class Certificate Balance of the Class 1-A-1 Certificates and (ii) the product
of (A) the Shift Percentage, (B) the Priority Percentage and (C) the Non-PO
Principal Amount for Group 1.
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.
BANK OF AMERICA MORTGAGE SECURITIES, INC.,
as Depositor
By:
-----------------------------------------
Name: Xxxx Xxxxxx
Title: Vice President
BANK OF AMERICA, N.A.,
as Servicer
By:
-----------------------------------------
Name: Xxxxxx X. XxXxxxxxx
Title: Senior Vice President
THE BANK OF NEW YORK,
as Trustee
By:
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Name: Xxxxx Xxxxxxx
Title: Vice President
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
On the 12th day of July, 2002, before me, a notary public in and for
the State of New York, personally appeared Xxxxx Xxxxxxx, known to me who, being
by me duly sworn, did depose and say that she is a Vice President of The Bank of
New York, a New York banking 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.
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Notary Public
[Notarial Seal]
My commission expires ____________.
STATE OF GEORGIA )
______ ) ss.:
COUNTY OF___ )
On the 12th day of July, 2002, before me, a notary public in and for
the State of North Carolina, personally appeared Xxxx Xxxxxx, known to me who,
being by me duly sworn, did depose and say that she is the Vice President of
Bank of America Mortgage Securities, Inc. a Delaware corporation, one of the
parties that executed the foregoing instrument; and that he/she signed his/her
name thereto by order of the Board of Directors of such corporation.
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Notary Public
[Notarial Seal]
My commission expires ____________.
Xxxxxx Brothers Inc. -2- May 26, 0000
XXXXX XX XXXXX XXXXXXXX )
______ ) ss.:
COUNTY OF MECKLENBURG )
On the 12th day of July, 2002, before me, a notary public in and for
the State of North Carolina, personally appeared Xxxxxx X. XxXxxxxxx, 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 corporation.
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Notary Public
[Notarial Seal]
My commission expires ____________.
