NELNET STUDENT LOAN TRUST 2009-2 AMENDED AND RESTATED TRUST AGREEMENT by and betweenTrust Agreement • October 26th, 2009 • Nelnet Student Loan Trust 2009-2 • Asset-backed securities • Delaware
THIS AMENDED AND RESTATED TRUST AGREEMENT, dated as of October 1, 2009 (as may be amended from time to time), is between NELNET STUDENT LOAN FUNDING, LLC, a Delaware limited liability company, as the Initial Certificateholder and Depositor, and M&T TRUST COMPANY OF DELAWARE (when referred to herein in its individual capacity, the “Trust Company,” and when referred to herein solely in its capacity as trustee hereunder, the “Delaware Trustee”), and is being entered into in order to establish a Delaware statutory trust to be known as “Nelnet Student Loan Trust 2009-2” (the “Trust”), and amends and restates the Trust Agreement, dated as of April 13, 2009 (the “Original Agreement”), between the Depositor and Initial Certificateholder and the Trust Company.
LOAN PURCHASE AGREEMENTLoan Purchase Agreement • October 26th, 2009 • Nelnet Student Loan Trust 2009-2 • Asset-backed securities • Nebraska
This Loan Purchase Agreement made and entered into as of this 1st day of October, 2009 by and between Nelnet Student Loan Trust 2009-2, a Delaware statutory trust (the “Purchaser”) acting by and through Zions First National Bank, not individually but as eligible lender trustee (the “Trustee”) under the Eligible Lender Trust Agreement (as defined herein), and Nelnet Student Loan Funding, LLC, a limited liability company organized and existing under the laws of the State of Delaware and having its principal offices at 121 South 13th Street, Suite 201, in the city of Lincoln, County of Lancaster, State of Nebraska, acting by and through Zions First National Bank, not individually, but as eligible lender trustee (the “Seller”).
NELNET, INC. SUBSERVICING AGREEMENTSubservicing Agreement • October 26th, 2009 • Nelnet Student Loan Trust 2009-2 • Asset-backed securities • Colorado
This Nelnet, Inc. Subservicing Agreement (the “Agreement”) entered into and effective as of the 1st day of October, 2009, by and between National Education Loan Network, Inc., a Nevada corporation, as master servicer (the “Master Servicer”), and Nelnet, Inc., a Nebraska corporation as subservicer (the “Subservicer”).
ADMINISTRATION AGREEMENT amongAdministration Agreement • October 26th, 2009 • Nelnet Student Loan Trust 2009-2 • Asset-backed securities • Delaware
THIS ADMINISTRATION AGREEMENT dated as of October 1, 2009 (as amended from time to time, this “Administration Agreement”), among NELNET STUDENT LOAN TRUST 2009-2, a Delaware statutory trust (the “Issuer”), M&T TRUST COMPANY OF DELAWARE, a Delaware trust company, not in its individual capacity but solely as Delaware trustee (the “Delaware Trustee”), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, not in its individual capacity but solely as indenture trustee (in such capacity, the “Indenture Trustee”), and NATIONAL EDUCATION LOAN NETWORK, INC., a Nevada corporation, as Administrator (the “Administrator”).
MASTER SERVICING AGREEMENTMaster Servicing Agreement • October 26th, 2009 • Nelnet Student Loan Trust 2009-2 • Asset-backed securities • Colorado
This Master Servicing Agreement (the “Agreement”) entered into and effective as of the 1st day of October, 2009, by and among National Education Loan Network, Inc., a Nevada corporation, acting as master servicer (acting in its capacity as such, the “Master Servicer”) and acting as administrator (acting in its capacity as such, the “Administrator”), Nelnet Student Loan Trust 2009-2, a Delaware statutory trust (“Trust”), and Nelnet Student Loan Funding, LLC, a Delaware limited liability company (“NSLF”).
UNDERWRITING AGREEMENTTrust Agreement • October 26th, 2009 • Nelnet Student Loan Trust 2009-2 • Asset-backed securities • New York
This Agreement, the loan sale agreement, dated as of October 1, 2009 between the Trust and Nelnet Funding (along with the related Loan Transfer Addendum, the “Nelnet Funding Purchase Agreement”), the loan sale agreement, dated as of October 1, 2009 between Nelnet FFELP Student Loan Warehouse-I, LLC (“Warehouse-I”) and Nelnet Funding (along with the related Loan Transfer Addendum, the “Warehouse-I Purchase Agreement”), the loan sale agreement, dated as of October 1, 2009 between Nelnet Education Loan Funding, Inc. (“NELF”, together with Nelnet Funding and Warehouse-I, the “Sellers”) and Nelnet Funding (along with the related Loan Transfer Addendum, the “NELF Purchase Agreement”, and, together with the Nelnet Funding Purchase Agreement and the Warehouse-I Purchase Agreement, the “Purchase Agreements”), the Amended and Restated Trust Agreement, dated as of October 1, 2009, between M&T Trust Company of Delaware, as Delaware trustee (the “Delaware Trustee”), and Nelnet Funding, as initial c
