CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP.,
COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2001-CK6
AMENDMENT NO. 1 TO POOLING AND SERVICING AGREEMENT
THIS AMENDMENT NO. 1 TO POOLING AND SERVICING AGREEMENT is dated as of June 28,
2002 (this "First Amendment"), by and among Credit Suisse First Boston Mortgage
Securities Corp., as Depositor ("Depositor"), Midland Loan Services, Inc., as
Master Servicer and Special Servicer ("Midland"), and Xxxxx Fargo Bank
Minnesota, N.A., as Trustee ("Trustee"), is made to the Pooling and Servicing
Agreement dated as of December 11, 2001 (the "Pooling and Servicing Agreement"),
by and among the Depositor, Midland and the Trustee, with respect to the Credit
Suisse First Boston Mortgage Securities Corp., Commercial Mortgage Pass-Through
Certificates, Series 2001-CK6. Capitalized terms used in this First Amendment
without definition shall have the meanings ascribed thereto in the Pooling and
Servicing Agreement.
RECITALS
WHEREAS, the Depositor, Midland and the Trustee are the parties to the
Pooling and Servicing Agreement; and
WHEREAS, the parties have learned that the Pooling and Servicing
Agreement needs to be amended as set forth herein in order to correct an error
with respect to the compensation of one of the Designated Sub-Servicers under
its respective Designated Sub-Servicing Agreement; and
WHEREAS, Section 11.01 of the Pooling and Servicing Agreement provides
for the amendment of the Pooling and Servicing Agreement by mutual agreement of
the parties, without the consent of any of the Certificateholders, to correct,
modify or supplement any provision in the Pooling and Servicing Agreement to
correct any error; and
WHEREAS, pursuant to Section 11.01 of the Pooling and Servicing
Agreement the parties desire that the Pooling and Servicing Agreement be amended
as set forth herein in order to correct the defective provision.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual agreements and covenants
contained herein, and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Depositor, Midland and the
Trustee agree as follows:
SECTION 1. Amendment. Section 3.11 is hereby amended by inserting the
following Subsection (j) at the end thereof:
"(j) Notwithstanding anything in this Agreement to the contrary, pursuant
to a Designated Sub-Servicing Agreement between the Master Servicer and
KRECM,
KRECM, as a Designated Sub-Servicer, shall be entitled to retain as
additional servicing compensation under such Designated Sub-Servicing
Agreement, with respect to all KeyBank Mortgage Loans, to the extent
received and to the extent that the Master Servicer or Special Servicer,
as applicable, is entitled to retain such amounts under this Agreement
as Additional Master Servicing Compensation or Additional Special
Servicing Compensation, respectively, one hundred percent (100%) of any
and all Net Assumption Application Fees and Net Assumption Fees. The
Master Servicer is hereby authorized to enter into such a Designated
Sub-Servicing Agreement, and KRECM's right to retain such additional
servicing compensation under the Designated Sub-Servicing Agreement
shall be transferable, shall be binding upon any successor Master
Servicer or Special Servicer, and shall be terminated only in the event
that KRECM resigns (to the extent such rights are not transferred prior
to such resignation in accordance with the Designated Sub-Servicing
Agreement) or is terminated for cause as a Designated Sub-Servicer under
the Designated Sub-Servicing Agreement."
SECTION 2. Conditions Precedent. This First Amendment shall become
effective on the date (i) this First Amendment has been executed and delivered
by a duly authorized officer of the Depositor, Midland and the Trustee and (ii)
Midland and the Trustee shall have been furnished with an Opinion of Counsel to
the effect that neither this Amendment nor the exercise of any power granted to
the parties in accordance with this Amendment will result in an Adverse REMIC
Event with respect to any REMIC Pool or an Adverse Grantor Trust Event with
respect to either Grantor Trust Pool.
SECTION 3. Limited Effect. Except as expressly amended and modified by this
First Amendment, the Pooling and Servicing Agreement shall continue to be, and
shall remain, in full force and effect in accordance with its terms.
SECTION 4. Definitions In Existing Agreement. Unless otherwise defined in
this First Amendment, capitalized terms used herein shall have the respective
meanings set forth in the Pooling and Servicing Agreement.
SECTION 5. Counterparts. This First Amendment may be executed by one or
more of the parties hereto on any number of separate counterparts, each of which
shall be an original and all of which taken together shall constitute one and
the same instrument.
SECTION 6. Governing Law. This First Amendment shall be governed by, and
construed in accordance with, the law of the State of New York.
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IN WITNESS WHEREOF, the Depositor, Midland 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.
XXXXX FARGO BANK MINNESOTA, N.A., CREDIT SUISSE FIRST BOSTON
as Trustee MORTGAGE SECURITIES CORP.,
as Depositor
By: _____________________________ By:_____________________________
Name: ___________________________ Name:___________________________
Title:___________________________ Title:__________________________
MIDLAND LOAN SERVICES, INC.,
as Master Servicer and Special Servicer
By:______________________________
Name:____________________________
Title:___________________________
