FIRST AMENDMENT TO SUBSERVICING AGREEMENT
Exhibit 10.46
This Amendment to that Subservicing Agreement (the “Amendment”) is made by and between
Xxxxxx Xxx (“Xxxxxx Xxx”), a corporation organized and existing under the laws of the United
States, and Nationstar Mortgage LLC, a Delaware limited liability company, (“Nationstar”) and is
effective September 30, 2011.
WHEREAS, Xxxxxx Mae and Nationstar have entered into that certain Subservicing Agreement
(the “Agreement”) dated effective as of October 29, 2010, and have agreed to amend the Agreement
to provide for bi-monthly reimbursement of certain servicing Advances;
NOW THEREFORE, in consideration of the foregoing and for other good and valuable
consideration, the receipt of which are hereby acknowledged, the parties hereto hereby agree as
follows:
I.
DEFINED TERMS. Capitalized terms contained in this Amendment shall have the respective
meanings herein as such terms have in the Agreement.
II. AMENDMENTS TO AGREEMENT. Section 2.13(b) of the Agreement is hereby amended and
supplemented to include the following paragraph:
Xxxxxx Xxx additionally agrees that it will reimburse Subservicer for Eligible
Escrow Advances and Eligible Corporate Advance on a bi-monthly basis.
Therefore in addition to the reporting requirements identified herein, not
later than the sixth (6th) Business Day prior to the last Business Day of each
calendar month, Subservicer shall deliver to Xxxxxx Mae or its designee
reports or loan level listings of Eligible Corporate Advances and Eligible
Escrow Advances, in a format acceptable to Xxxxxx Xxx, containing (i) the data
identified in Exhibit C-1 to this Agreement, and (ii) the applicable
information and codes required by Xxxxxx Mae Form 571 (Cash Disbursement
Request). Xxxxxx Xxx and/or its designee will reconcile the same within five
(5) Business Days, and if it determines that an amount is due and owing by
Xxxxxx Mae to Subservicer, such amount shall be reimbursed to Subservicer by
Xxxxxx Xxx one (1) Business Day prior to the last Business Day of each month,
or at such time as may otherwise be mutually agreed to by Xxxxxx Mae and
Subservicer.
[Signature page follows]
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IN WITNESS WHEREOF, each of the undersigned parties to this Agreement has caused this Agreement to
be duly executed in its name by one of its duly authorized officers all as of the date first above
written.
| Xxxxxx Xxx | Nationstar Mortgage LLC | |||||
| By: | /s/ Xxxxxx Xxxxxx | By: | /s/ Xxxxxxx X. Xxxx | |||
| Name: | Xxxxxx Xxxxxx | Name: | Xxxxxxx X. Xxxx | |||
| Title: | Vice President | Title: | SVP | |||
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