HSI ASSET SECURITIZATION CORPORATION, Depositor, CITIMORTGAGE, INC., Master Servicer, CITIBANK, N.A., Securities Administrator and DEUTSCHE BANK NATIONAL TRUST COMPANY, Trustee FIRST AMENDMENT TO POOLING AND SERVICING AGREEMENT Dated as of September...
EXHIBIT
4.3/A
HSI
ASSET
SECURITIZATION CORPORATION,
Depositor,
CITIMORTGAGE,
INC.,
Master
Servicer,
CITIBANK,
N.A.,
Securities
Administrator
and
DEUTSCHE
BANK NATIONAL TRUST COMPANY,
Trustee
FIRST
AMENDMENT TO
Dated
as
of September 12, 2007
MORTGAGE
PASS THROUGH CERTIFICATES,
SERIES
2007-1
UFIRST
AMENDMENT TO POOLING
UAND
SERVICING AGREEMENT
THIS
FIRST AMENDMENT TO POOLING AND SERVICING AGREEMENT is dated as of September
12,
2007 (herein referred to as this “First Amendment”) and is made by and among HSI
ASSET SECURITIZATION CORPORATION, as depositor (the “Depositor”),
CITIMORTGAGE, INC., a New York corporation (the “Master
Servicer”),
CITIBANK, N.A., a national banking association ( the “Securities
Administrator”)
and
DEUTSCHE BANK NATIONAL TRUST COMPANY, a national banking association, as
trustee
(the “Trustee”).
URECITALSU
WHEREAS,
the Depositor, the Master Servicer, the Securities Administrator, Xxxxx
Fargo
Bank, N.A., as custodian and the Trustee entered into a Pooling and Servicing
Agreement dated as of May 1, 2007 (the “Agreement”), pursuant to which (i) the
Depositor sold, conveyed and assigned certain Mortgage Loans to the Trustee
in
trust for the benefit of the Certificateholders of HSI Asset Loan Obligation
Trust 2007-1, Mortgage Pass Through Certificates, Series 2007-1 (ii) the
Master
Servicer agreed to master service such Mortgage Loans in accordance with
the
terms thereof, and (iii) the Certificates were issued pursuant
thereto;
WHEREAS,
this First Amendment
is
being delivered pursuant to Section
13.01(a)(i) and (vii)
of the
Agreement.
NOW,
THEREFORE, in consideration of the preceding premises and assumptions and
other
good and valuable consideration, the receipt and adequacy of which are
hereby
acknowledged, the Depositor, the Master Servicer, the Securities Administrator
and the Trustee agree as follows:
Section
1.
|
UDefinitionsU.
All capitalized terms used in this First Amendment which are
not
specifically defined herein shall have the meanings assigned
to them in
the Agreement.
|
Section
2.
|
UAmendments
to AgreementU.
|
(a)
|
The
definition of Option to Purchase shall be amended and restated
in its
entirety to read as follows:
|
Option
to Purchase:
On the
initial or any subsequent Optional Termination Date, the Master Servicer
at its
own option may purchase the Mortgage Loans.
(b)
|
Section
4.03(b)
shall be amended and restated in its entirety to read as follows:
|
-1-
“(b)
For
purposes of preparing the Monthly Statement, delinquencies shall be determined
and reported by the Master Servicer based on the so-called “MBA” methodology
irrespective of the method for determining delinquencies utilized by the
applicable Servicer on mortgage loans similar to the Mortgage Loans. By
way of
example, a Mortgage Loan would be delinquent with respect to a Scheduled
Payment
due on a Due Date if such Scheduled Payment is not made by the close of
business
on the day immediately preceding the Mortgage Loan’s next succeeding Due Date,
and a Mortgage Loan would be more than 30-days delinquent with respect
to such
Scheduled Payment if such Scheduled Payment were not made by the close
of
business on the day immediately preceding the Mortgage Loan’s second succeeding
Due Date.”
Section
3.
|
UAgreement
to Remain in Full Force and EffectU.
Except as modified and amended hereby, all other terms and conditions
of
the Agreement shall remain in full force and effect and are hereby
ratified and confirmed by the parties
hereto.
|
Section
4.
|
UCounterpartsU.
This First Amendment may be executed simultaneously in any number
of
counterparts, each of which counterparts shall be deemed an original,
and
such counterparts shall constitute one and the same
instrument.
|
Section
5.
|
UGoverning
LawU.
The First Amendment shall be constructed in accordance with the
internal
laws of the State of New York applicable to agreements made and
to be
performed in said State, and the obligations, rights and remedies
of the
parties hereunder shall be determined in accordance with such
laws.
|
[Signature
Pages Follow]
IN
WITNESS WHEREOF, the Depositor, the Master Servicer, the Securities
Administrator 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.
HSI
ASSET
SECURITIZATION
CORPORATION,
as
Depositor
/s/
Xxxxxx Xxxxx
By
Xxxxxx
Xxxxx
Its
Vice
President
CITIMORTGAGE,
INC.,
as
Master
Servicer
/s/Xxxxxx
Xxxxxx
By
Xxxxxx
Xxxxxx
Its
Senior
Vice President
CITIBANK,
N.A.,
as
Securities Administrator
/s/Xxxxxx
Xxxxxxxx
By
Xxxxxx Xxxxxxxx
Its
Vice
President
DEUTSCHE
BANK NATIONAL TRUST
COMPANY,
as
Trustee
/s/Xxxxxx
Xxxxx
By
Xxxxxx Xxxxx
Its
Authorized Signer