GS MORTGAGE SECURITIES CORP., Depositor, INDYMAC BANK, F.S.B., Servicer, AMERICAN HOME MORTGAGE SERVICING, INC., Servicer, OCWEN LOAN SERVICING, LLC, Servicer, WELLS FARGO BANK, N.A., Master Servicer and Securities Administrator, and DEUTSCHE BANK...
GS
MORTGAGE SECURITIES CORP.,
Depositor,
INDYMAC
BANK, F.S.B.,
Servicer,
AMERICAN
HOME MORTGAGE SERVICING, INC.,
Servicer,
OCWEN
LOAN SERVICING, LLC,
Servicer,
XXXXX
FARGO BANK, N.A.,
Master
Servicer and Securities Administrator,
and
DEUTSCHE
BANK NATIONAL TRUST COMPANY,
Trustee
AMENDMENT
NO. 1 dated as of
AUGUST
7,
2006 TO THE
DATED
AS
OF JUNE
1,
2006
MORTGAGE
PASS-THROUGH CERTIFICATES
SERIES
2006-S4
AMENDMENT
NO. 1 made as of this 7th
day of
August 2006, among GS MORTGAGE SECURITIES CORP., a Delaware corporation (the
“Depositor”), INDYMAC BANK, F.S.B., a federally chartered savings bank, as a
servicer (“IndyMac”), AMERICAN HOME MORTGAGE SERVICING, INC., a Maryland
corporation, as a servicer (“AHMSI”), OCWEN LOAN SERVICING, LLC, a Delaware
limited liability company, as a servicer (“Ocwen”, and together with IndyMac and
AHMSI, the “Servicers”), XXXXX FARGO BANK, N.A., a national banking association
(“Xxxxx Fargo”) as master servicer (in such capacity, the “Master Servicer”) and
securities administrator (in such capacity, the “Securities Administrator”), and
DEUTSCHE BANK NATIONAL TRUST COMPANY, a national banking association, as trustee
(the “Trustee”).
W
I T N E
S S E T H
WHEREAS,
the Depositor, the Servicers, the Master Servicer, the Securities Administrator
and the Trustee entered into a Pooling and Servicing Agreement (the “Agreement”)
dated as of June 1, 2006, relating to the issuance of Mortgage Pass-Through
Certificates, Series 2006-S4; and
WHEREAS,
the Depositor, the Servicers, the Master Servicer, the Securities Administrator
and the Trustee desire to amend the terms of the Agreement pursuant to and
in
accordance with the first paragraph of Section 12.01 of the
Agreement.
NOW,
THEREFORE, in consideration of the mutual premises and agreements herein, the
the Depositor, the Servicers, the Master Servicer, the Securities Administrator
and the 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. Article
VIII of the Agreement is hereby amended effective as of the date hereof by
deleting in their entirety the first and third paragraphs of Section 8.12(b)
and
replacing them with the following:
(b) Within
fifteen days after each Distribution Date (subject to permitted extensions
under
the Exchange Act), the Securities Administrator shall prepare and file, and
the
Master Servicer shall sign on behalf of the Trust and file with the Commission
any distribution report on Form 10-D required by the Exchange Act, in form
and
substance as required by the Exchange Act. The Securities Administrator shall
file each Form 10-D with a copy of the related Monthly Statement attached
thereto. Any disclosure in addition to the Monthly Statement that is required
to
be included on Form 10-D (“Additional Form 10-D Disclosure”) shall be prepared
by the party responsible for preparing such disclosure as set forth on Exhibit
S
hereto and the Securities Administrator shall compile such disclosure pursuant
to the following paragraph. The Securities Administrator will have no duty
or
liability for any failure hereunder to determine or prepare any Additional
Form
10-D Disclosure, except as set forth in the next paragraph.
After
preparing the Form 10-D, the Securities Administrator shall forward
electronically a draft copy of the Form 10-D to the Depositor for review. No
later than two Business Days following the tenth calendar day after the related
Distribution Date, a duly authorized representative of the Master Servicer
in
charge of the master servicing function shall sign the Form 10-D and return
such
signed Form 10-D to the Securities Administrator and Depositor, and no later
than 5:00 p.m. New York City time on the fifteenth calendar day after such
Distribution Date the Securities Administrator shall file such Form 10-D with
the Commission. If a Form 10-D cannot be filed on time or if a previously filed
Form 10-D needs to be amended, the Securities Administrator will follow the
procedures set forth in Section 8.12(f)(ii). Promptly (but no later than one
Business Day) after filing with the Commission, the Securities Administrator
will make available on its internet website (located at xxx.xxxxxxx.xxx)
a final
executed copy of each Form 10-D prepared by the Securities Administrator. The
signing party at the Master Servicer can be contacted at 0000 Xxx Xxxxxxxxx
Xxxx, Xxxxxxxx, Xxxxxxxx 00000-0000, Attention: Corporate Trust, GSAMP 2006-S4.
Each party to this Agreement acknowledges that the performance by the Securities
Administrator of its duties under this Section 8.12(b) related to the timely
preparation and filing of the Form 10-D is contingent upon such parties strictly
observing all applicable deadlines in the performance of their duties under
this
Section 8.12(b). The Securities Administrator shall have no liability for any
loss, expense, damage or claim arising out of or with respect to any failure
to
properly prepare and/or timely file such Form 10-D, where such failure results
from the Securities Administrator’s inability or failure to obtain or receive on
a timely basis, any information from any party hereto (other than the Securities
Administrator or any Subcontractor utilized by the Securities Administrator)
needed to prepare, arrange for execution or file such Form 10-D, not resulting
from its own negligence, bad faith or willful misconduct.
IN
WITNESS WHEREOF, the Depositor, the Servicers, the Master Servicer, the
Securities Administrator and the Trustee have caused their names to be signed
hereto by their respective officers thereunto duly authorized as of the day
and
year first above written.
GS
MORTGAGE SECURITIES CORP.,
as
Depositor
|
|
By:
|
/s/
Xxxxxxxx Xxxx
|
Name:
|
Xxxxxxxx Xxxx |
Title:
|
Vice President |
INDYMAC
BANK, F.S.B.,
as
Servicer
|
|
By:
|
/s/
Xxxx Xxxxxxxx
|
Name:
|
Xxxx Xxxxxxxx |
Title:
|
Vice President |
AMERICAN
HOME MORTGAGE SERVICING, INC, as Servicer
|
|
By:
|
/s/ Xxxx X. Xxxx |
Name:
|
Xxxx X. Xxxx |
Title:
|
Executive Vice President, General Counsel & Secretary |
OCWEN
LOAN SERVICING, LLC,
as
Servicer
|
|
By:
|
/s/ Xxxxxxx Xxxxxxx |
Name:
|
Xxxxxxx Xxxxxxx |
Title:
|
Authorized Representative |
XXXXX
FARGO BANK, N.A.,
as
Securities Administrator
|
|
By:
|
/s/ Xxxxxx Xxxxxx |
Name:
|
Xxxxxx Xxxxxx |
Title:
|
Vice President |
XXXXX
FARGO BANK, N.A.,
as
Master Servicer
|
|
By:
|
/s/ Xxxxxx Xxxxxx |
Name:
|
Xxxxxx Xxxxxx |
Title:
|
Vice President |
DEUTSCHE
BANK NATIONAL TRUST COMPANY,
solely
as Trustee and not in its individual capacity
|
|
By:
|
/s/ Xxxxxxx Xxxxx |
Name:
|
Xxxxxxx Xxxxx |
Title:
|
Vice President |
By:
|
/s/ Xxxxxxx Xxxxxxxxx |
Name:
|
Xxxxxxx Xxxxxxxxx |
Title:
|
Authorized Signer |