0000930413-08-005421 Sample Contracts

FUND AMERICA INVESTORS CORPORATION II Depositor [NAME OF MASTER SERVICER] Master Servicer and [NAME OF TRUSTEE], Trustee POOLING AND SERVICING AGREEMENT Dated as of ____ __, 200_ FUND AMERICA MORTGAGE SECURITIES TRUST 200_-___ MORTGAGE PASS-THROUGH...
Pooling and Servicing Agreement • September 10th, 2008 • Fund America Investors Corp Ii • Asset-backed securities • Delaware

THIS POOLING AND SERVICING AGREEMENT, dated as of ____ __, 200_, among FUND AMERICA INVESTORS CORPORATION II, a Delaware corporation, as depositor (the “Depositor”), [NAME OF MASTER SERVICER], a [________________], as master servicer (the “Master Servicer”), and [NAME OF TRUSTEE], a [__________________], as trustee (the “Trustee”).

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FUND AMERICA INVESTORS CORPORATION II MORTGAGE PASS-THROUGH CERTIFICATES (Issuable in Series) UNDERWRITING AGREEMENT
Underwriting Agreement • September 10th, 2008 • Fund America Investors Corp Ii • Asset-backed securities • New York

Fund America Investors Corporation II, a corporation organized and existing under the laws of the State of Delaware (the “Company”), may offer for sale to you and to each of the other several underwriters, if any, participating in an underwriting syndicate managed by you, from time to time its Mortgage Pass-Through Certificates evidencing interests in pools of mortgage loans (the “Certificates”). The Certificates may be issued in various series, and within each series, in one or more classes, in one or more offerings on terms determined at the time of sale (each such series, a “Series” and each such class, a “Class”). Each Series of the Certificates will be issued under a separate Pooling and Servicing Agreement (each, a “Pooling and Servicing Agreement”) to be dated as of the respective cut-off date (each, a “Cut-off Date”) among the Company, as depositor, [Name of Seller], as seller (in such capacity, the “Seller”) and master servicer (in such capacity, the “Master Servicer”), and [N

TRUST AGREEMENT among as Seller, Fund America Investors Corporation II, as Depositor, and as Owner Trustee Dated as of [_____________] FUND AMERICA ABS TRUST 20[__]-HE[_] Fund America HELOC Notes, Series 20[__]-HE[_]
Trust Agreement • September 10th, 2008 • Fund America Investors Corp Ii • Asset-backed securities • Delaware

This certifies that [_____________________________________] is the registered owner of the Transferor Interest evidenced by this Certificate, which has been issued by Fund America ABS Trust 20[__]-HE[_], a Delaware statutory trust (the “Trust”), the assets of which consist primarily of a pool of revolving home equity lines of credit secured by first and second liens on residential real property (the “Mortgage Loans”) transferred by the Depositor and serviced by [_____________________] (in that capacity, the “Master Servicer”). The Fund America ABS Trust 20[__]-HE[_] was created pursuant to a Trust Agreement, dated as of [________] among [_____________________], as seller, the Depositor and [_____________], as owner trustee (the “Owner Trustee”), as amended and restated by an Amended and Restated Trust Agreement, dated as of [_____________], among [_____________________], as seller, the Depositor and the Owner Trustee (the “Agreement”) a summary of some of the pertinent provisions of wh

SALE AND SERVICING AGREEMENT Dated as of [___________] among (Seller, Master Servicer and Custodian) FUND AMERICA INVESTORS CORPORATION II (Depositor) FUND AMERICA ABS TRUST 20[__]-HE[_] (Trust) and (Indenture Trustee) Fund America ABS Trust 20[__]-HE[_]
Sale and Servicing Agreement • September 10th, 2008 • Fund America Investors Corp Ii • Asset-backed securities • New York

This Sale and Servicing Agreement (the “Agreement”) is entered into effective as of [___________], among FUND AMERICA ABS TRUST 20[__]-HE[_], a Delaware statutory trust (the “Trust”), [____________________], a [____________________], as seller (in such capacity, the “Seller”), as master servicer (in such capacity, the “Master Servicer”) and as custodian (in such capacity, the “Custodian”), FUND AMERICA INVESTORS CORPORATION II, a Delaware corporation, as depositor (the “Depositor”), and [_____________], a [___________], as Indenture Trustee on behalf of the Class A Noteholders (in such capacity, the “Indenture Trustee”).

INDENTURE Dated as of [_________] Between FUND AMERICA ABS TRUST 20[__]-HE[_] (Issuer) And (Indenture Trustee) FUND AMERICA ABS TRUST 20[__]-HE[_]
Indenture • September 10th, 2008 • Fund America Investors Corp Ii • Asset-backed securities • New York

INDENTURE dated as of [_________] between Fund America ABS Trust 20[__]-HE[_], a Delaware statutory trust (the “Issuer”) and [____________], a [___________], as trustee and not in its individual capacity (the “Indenture Trustee”).

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