AMENDMENT NUMBER ONE Dated as of May 18, 2007 to MORTGAGE LOAN PURCHASE AGREEMENT Dated as of January 31, 2007 between NOMURA HOME EQUITY LOAN, INC., Purchaser and NOMURA CREDIT & CAPITAL, INC., Seller NOMURA HOME EQUITY LOAN, INC. ASSET-BACKED...
Dated
as of May 18, 2007
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to
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MORTGAGE
LOAN PURCHASE AGREEMENT
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Dated
as of January 31, 2007
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between
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NOMURA
HOME EQUITY LOAN, INC.,
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Purchaser
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and
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NOMURA
CREDIT & CAPITAL, INC.,
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Seller
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NOMURA
HOME EQUITY LOAN, INC.
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ASSET-BACKED
CERTIFICATES, SERIES 2007-1
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THIS
AMENDMENT NUMBER ONE, dated as of May 18, 2007 (this “Amendment”), to the
Mortgage Loan Purchase Agreement, dated as of January 31, 2007, between NOMURA
HOME EQUITY LOAN, INC., as purchaser (the “Purchaser”) and NOMURA CREDIT &
CAPITAL, INC., as seller (the “Seller”) (the “Mortgage Loan Purchase
Agreement”).
W
I T N E
S S E T H
WHEREAS,
the Purchaser and the Seller entered into the Mortgage Loan Purchase
Agreement;
WHEREAS,
the Purchaser and the Seller desire to amend certain provisions of the Mortgage
Loan Purchase Agreement to correct an error contained therein;
NOW,
THEREFORE, the parties hereto agree as follows:
SECTION
1. Defined Terms.
For
purposes of this Amendment, unless the context clearly requires otherwise,
all
capitalized terms which are used but not otherwise defined herein shall have
the
respective meanings assigned to such terms in the Mortgage Loan Purchase
Agreement.
SECTION
2. The Amendment.
(a)
Section
8
of the Mortgage Loan Purchase Agreement is hereby amended by (i) deleting the
word “and” at the end of clause (lv) and replacing the “.” at the end of clause
(lvi) with “; and” and (ii) inserting the following new clause immediately
following clause (lvi):
“(lvii) The
original principal balance of each Group II-1 Mortgage Loan which is secured
by
a first lien on the related Mortgaged Property is within Xxxxxxx Mac’s dollar
amount limits for conforming one to four family mortgage loans.”
(b) Section
9(a) of the Mortgage Loan Purchase Agreement is hereby amended by deleting
the
last sentence of the first paragraph thereof in its entirety and replacing
it
with the following:
“Notwithstanding
anything to the contrary contained herein, any breach of a representation or
warranty contained in clauses (viii), (xxxviii), (xliii), (xliv), (xlvi),
(xlvii), (xlviii), (xlix), (l), (li), (lii), (liii), (liv), (lv), (lvi) and/or
(lvii), of Section 8 above, shall be automatically deemed to affect materially
and adversely the interests of the Purchaser or the Purchaser’s assignee,
transferee or designee.”
SECTION
2. Effect of Amendment.
Upon
execution of this Amendment, the Mortgage Loan Purchase Agreement shall be,
and
be deemed to be, modified and amended in accordance herewith and the respective
rights, limitations, obligations, duties, liabilities and immunities of the
Seller and the Purchaser shall hereafter be determined, exercised and enforced
subject in all respects to such modifications and amendments, and all the terms
and conditions of this Amendment shall be deemed to be part of the terms and
conditions of the Mortgage Loan Purchase Agreement for any and all purposes.
Except as modified and expressly amended by this Amendment, the Mortgage Loan
Purchase 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
3. Binding Effect.
The
provisions of this Amendment shall be binding upon and inure to the benefit
of
the respective successors and assigns of the parties hereto, and all such
provisions shall inure to the benefit of the Seller and the
Purchaser.
SECTION
4. Governing Law.
This
Amendment shall be construed in accordance with the substantive laws of the
State of New York (without regard to conflict of law principles) and the
obligations, rights and remedies of the parties hereto shall be determined
in
accordance with such laws.
SECTION
5. Severability of Provisions.
If
any
one or more of the provisions or terms of this Amendment shall be for any reason
whatsoever held invalid, then such provisions or terms shall be deemed severable
from the remaining provisions or terms of this Amendment and shall in no way
affect the validity or enforceability of the other provisions or terms of this
Amendment.
SECTION
6. Section Headings.
The
section headings herein are for convenience of reference only, and shall not
limit or otherwise affect the meaning hereof.
SECTION 7. Counterparts.
This
Amendment may be executed in several counterparts, each of which shall be an
original and all of which shall constitute but one and the same
instrument.
[signature
pages follow]
IN
WITNESS WHEREOF, the Purchaser and the Seller have caused their names to be
signed hereto by their respective officers thereunto duly authorized as of
the
day and year first above written.
NOMURA
HOME EQUITY LOAN, INC.,
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as
Purchaser
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By:
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/s/
Xxxx X. Xxxxxx
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Name:
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Xxxx
X. Xxxxxx
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Title:
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Managing
Director
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NOMURA
CREDIT & CAPITAL, INC.,
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as
Seller
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By:
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/s/
Xxxxxxx X.X. Xxxxxxx
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Name:
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Xxxxxxx
X.X. Xxxxxxx
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Title:
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Vice
President
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Acknowledged
by:
HSBC
BANK USA, NATIONAL ASSOCIATION,
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as
Trustee
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By:
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/s/
Xxxxx Xxxxx
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Name:
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Xxxxx
Xxxxx
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Title:
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Assistant
Vice President
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