FIRST AMENDMENT TO SERVICING AGREEMENT
EXECUTION
VERSION
FIRST
AMENDMENT TO SERVICING AGREEMENT
This
First Amendment to Servicing Agreement (the “Amendment”)
is
made and entered into as of October 1, 2004 by and among Xxxxxxx Xxxxx
Mortgage Company, a New York limited partnership, as purchaser (the
“Purchaser”),
and
Washington Mutual Bank, FA, a savings association organized under the laws
of
the United States, as servicer (the “Servicer”).
RECITALS
WHEREAS,
pursuant to the terms and conditions of the that certain Servicing Agreement
by
and among the Purchaser and the Servicer, dated as of December 1, 2003 (the
“Servicing
Agreement”),
the
Servicer has agreed to service certain residential, first-lien mortgage loans;
and
WHEREAS,
the
Purchaser and the Servicer desire to amend the Servicing Agreement;
NOW,
THEREFORE,
and in
consideration of other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties agree as
follows:
AGREEMENT
1. Amendment
to Article I.
The
definitions of “Indemnified
Party”
in
Article I of the Servicing Agreement is hereby amended to read in its entirety
as follows:
“Indemnified
Party:
As
defined in Exhibit C
attached
to the Purchase Agreement.”
2. Amendment
to Section 9.8(ii).
Section 9.8(ii) of the Servicing Agreement is hereby amended to read in its
entirety as follows:
(ii)
in
the case of the Owner, at the address set forth below, or such other address
as
may hereafter be furnished to the Servicer by the Owner:
Xxxxxxx
Sachs Mortgage Company
00
Xxxxx
Xxxxxx
Xxx
Xxxx,
XX 00000
Attention:
Xxxx Xxxx
Telephone:
(000) 000-0000
Facsimile:
(000) 000-0000
With
a
copies to:
Legal
Department
Xxxxxxx
Sachs Mortgage Company
00
Xxxxx
Xxxxxx
Xxx
Xxxx,
XX 00000
and
Xxxxxxx
Xxxxx Mortgage Company
000
Xxxxxx Xxxxxx Xxxxx, Xxxxx 000 Xxxxx
Xx.
Xxxxxxxxxx, XX 00000
Attention:
Xxxxxxx Xxxx
Telephone:
(000) 000-0000
Facsimile:
(000) 000-0000
and
in the case of any subsequent Owner, as set forth in written notice supplied
to
the Servicer by such subsequent Owner.
Notwithstanding
the foregoing any demand, notice, consent, waiver or communication (other than
those referred to in clause (x) above) may be given by any other means if the
parties hereto agree to such alternative means in writing.”
3. Miscellaneous.
(a) On
and
after the date of this Amendment, each reference in the Servicing Agreement
to
“this Agreement,” “hereunder,” “hereof,” “herein” or words of like import, shall
mean and be a reference to the Servicing Agreement, as amended by this
Amendment.
(b) Except
as
specifically amended above, the Servicing Agreement is and shall continue to
be
in full force and effect and is hereby ratified and confirmed in all respects.
In the event of a conflict between the terms of this Amendment and the terms
of
the Servicing Agreement, the terms of this Amendment shall control.
(c) This
Amendment may be executed in any number of counterparts and by different parties
in separate counterparts, each of which taken together shall constitute one
and
the same original.
(d) This
Amendment shall be governed by, and
construed in accordance with, the laws of the State of New York (including
Section 5-1401 of the New York General Obligations Law) and the
obligations, rights and remedies of the parties hereunder shall be determined
in
accordance with such laws without giving effect to conflict of laws principles
other than Section 5-1401 of the New York General Obligations
Law.
<Signature
Page Follows>
2
This
First Amendment to Servicing Agreement is AGREED AND ACCEPTED AS OF
OCTOBER ___, 2004.
WASHINGTON
MUTUAL BANK, FA
a
federally chartered savings association
By:
Name:
Title:
XXXXXXX
XXXXX MORTGAGE COMPANY
a
New
York limited partnership
|
By:
|
Xxxxxxx
Sachs Real Estate Funding Corp.,
|
General
Partner
By:
Name:
Title:
