AMENDMENT NUMBER ONE
to the
POOLING AND SERVICING AGREEMENT
Series 2005-HE6, Dated as of June 1, 2005
among
BEAR XXXXXXX ASSET BACKED SECURITIES I LLC, as Depositor
EMC MORTGAGE CORPORATION, as Seller and Master Servicer
and
LASALLE BANK NATIONAL ASSOCIATION, as Trustee
This AMENDMENT NUMBER ONE is made and entered into this 25th day of
July 2005, by and among BEAR XXXXXXX ASSET BACKED SECURITIES I LLC, a Delaware
corporation, as depositor (the "Depositor"), EMC MORTGAGE CORPORATION, a
Delaware corporation, as seller (in such capacity, the "Seller") and as master
servicer (in such capacity, the "Master Servicer") and LASALLE BANK NATIONAL
ASSOCIATION, a national banking association, not in its individual capacity but
solely as trustee (the "Trustee"), in connection with the Pooling and Servicing
Agreement dated as of the date mentioned above, among the above mentioned
parties (the "Agreement"), and the issuance of Asset-Backed Certificates, Series
2005-HE6. This amendment is made pursuant to Section 11.01 of the Agreement.
1. Capitalized terms used herein and not defined herein shall have the
meanings assigned to such terms in the Agreement.
2. The definition of Certificate Margin in the Agreement is hereby
amended effective as of the date hereof by deleting the definition in its
entirety and replacing it with the following:
CERTIFICATE MARGIN: With respect to the Class A-1 Certificates and, for
purposes of the definition of "One-Month LIBOR Pass-Through Rate", REMIC II
Regular Interest A-1, 0.120% per annum.
With respect to the Class A-2 Certificates and, for purposes of the
definition of "One-Month LIBOR Pass-Through Rate", REMIC II Regular Interest
A-2, 0.240% per annum in the case of each Distribution Date through and
including the first possible Optional Termination Date and 0.480% per annum in
the case of each Distribution Date thereafter.
With respect to the Class A-3 Certificates and, for purposes of the
definition of "One-Month LIBOR Pass-Through Rate", REMIC II Regular Interest
A-3, 0.370% per annum in the case of each Distribution Date through and
including the first possible Optional Termination Date and 0.740% per annum in
the case of each Distribution Date thereafter.
With respect to the Class M-1 Certificates and, for purposes of the
definition of "One-Month LIBOR Pass-Through Rate", REMIC II Regular Interest
M-1, 0.480% per annum in the case of each Distribution Date through and
including the first possible Optional Termination Date and 0.720% per annum in
the case of each Distribution Date thereafter.
With respect to the Class M-2 Certificates and, for purposes of the
definition of "One-Month LIBOR Pass-Through Rate", REMIC II Regular Interest
M-2, 0.680% per annum in the case of each Distribution Date through and
including the first possible Optional Termination Date and 1.020% per annum in
the case of each Distribution Date thereafter.
With respect to the Class M-3 Certificates and, for purposes of the
definition of "One-Month LIBOR Pass-Through Rate", REMIC II Regular Interest
M-3, 0.720% per annum in the case of each Distribution Date through and
including the first possible Optional Termination Date and 1.080% per annum in
the case of each Distribution Date thereafter.
With respect to the Class M-4 Certificates and, for purposes of the
definition of "One-Month LIBOR Pass-Through Rate", REMIC II Regular Interest
M-4, 1.270% per annum in the case of each Distribution Date through and
including the first possible Optional Termination Date and 1.905% per annum in
the case of each Distribution Date thereafter.
With respect to the Class M-5 Certificates and, for purposes of the
definition of "One-Month LIBOR Pass-Through Rate", REMIC II Regular Interest
M-5, 1.350% per annum in the case of each Distribution Date through and
including the first possible Optional Termination Date and 2.025% per annum in
the case of each Distribution Date thereafter.
With respect to the Class M-6 Certificates and, for purposes of the
definition of "One-Month LIBOR Pass-Through Rate", REMIC II Regular Interest
M-6, 1.800% per annum in the case of each Distribution Date through and
including the first possible Optional Termination Date and 2.700% per annum in
the case of each Distribution Date thereafter.
With respect to the Class M-7 Certificates and, for purposes of the
definition of "One-Month LIBOR Pass-Through Rate", REMIC II Regular Interest
M-7, 3.000% per annum in the case of each Distribution Date through and
including the first possible Optional Termination Date and 4.500% per annum in
the case of each Distribution Date thereafter.
With respect to the Class M-8A Certificates and, for purposes of the
definition of "One-Month LIBOR Pass-Through Rate", REMIC II Regular Interest
M-8A, 3.000% per annum in the case of each Distribution Date through and
including the first possible Optional Termination Date and 4.500% per annum in
the case of each Distribution Date thereafter.
With respect to the Class M-8B Certificates and, for purposes of the
definition of "One-Month LIBOR Pass-Through Rate", REMIC II Regular Interest
M-8B Certificates, 3.000% per annum in the case of each Distribution Date
through and including the first possible Optional Termination Date and 4.500%
per annum in the case of each Distribution Date thereafter.
3. Except as amended above, the Agreement shall continue to be in full
force and effect in accordance with its terms.
IN WITNESS WHEREOF, the Depositor, the Master Servicer, the Seller 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.
BEAR XXXXXXX ASSET BACKED SECURITIES I LLC
as Depositor
By: /s/ Xxxxx Xxxxxxxxxxx
------------------------------
Name: Xxxxx Xxxxxxxxxxx
Title: Vice President
EMC MORTGAGE CORPORATION
as Seller and Master Servicer
By:/s/ Xxxx Xxxxxxx
-------------------
Name: Xxxx Xxxxxxx
Title: Senior Vice President
LASALLE BANK NATIONAL ASSOCIATION
as Trustee
By:/s/ Xxxxxxxxxxx Xxxxx
------------------------
Name: Xxxxxxxxxxx Xxxxx
Title: Assistant Vice President
