0000950123-03-014298 Sample Contracts

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HSBC BANK USA AND
Guaranty • December 31st, 2003 • New York Mortgage Trust Inc

This Guaranty is, and is intended to be, a continuing guaranty of the payment of the Indebtedness (irrespective of the aggregate amount thereof) independent of and in addition to any other guaranty, indorsement or collateral held by Secured Party therefor whether or not furnished by the undersigned. The undersigned shall have no right of subrogation with respect to any payments made by the undersigned hereunder until all of the Indebtedness is paid in full.

April 15, 2003 The New York Mortgage Company LLC Attention: Steven Schnall, President 304 Park Avenue South New York, NY 10010 Re: Credit and Security Agreement between HSBC Bank USA ("HSBC") and The New York Mortgage Company LLC ("Company") dated as...
Credit and Security Agreement • December 31st, 2003 • New York Mortgage Trust Inc

This letter confirms HSBC's agreement to extend the scheduled maturity date of the Note and the term of the Credit Agreement to June 30, 2003.

AMENDMENT NO. 1
Master Repurchase Agreement • December 31st, 2003 • New York Mortgage Trust Inc • New York
WITNESSETH:
Loan Amendment • December 31st, 2003 • New York Mortgage Trust Inc • Kentucky
HSBC BANK USA AND
Credit Note • December 31st, 2003 • New York Mortgage Trust Inc • New York

MANDATORY PRINCIPAL REDUCTION: The Company agrees to pay to HSBC on February 15, 2002, the amount by which the principal balance hereof exceeds THIRTY MILLION DOLLARS ($30,000,000.00). After February 15, 2002, no advances hereon which cause the principal balance to exceed THIRTY MILLION DOLLARS ($30,000,000.00) will be available.

AMENDED AND RESTATED UNCONDITIONAL AND CONTINUING GUARANTY OF PAYMENT (KENTUCKY)
Unconditional and Continuing Guaranty of Payment • December 31st, 2003 • New York Mortgage Trust Inc
HSBC BANK USA AND
Credit Note • December 31st, 2003 • New York Mortgage Trust Inc

FOR VALUE RECEIVED, the undersigned, THE NEW YORK MORTGAGE COMPANY LLC, a limited liability company organized under the laws of the State of New York, whose address is 304 Park Avenue South, New YORK, New York 10010 (the "Company"), promises to pay to the order of HSBC BANK USA, a banking corporation organized under the laws of the State of New York, whose address is c/o Mortgage Warehouse Lending Department, One HSBC Center, 27th Floor, Buffalo, New York 14203 ("HSBC") on or before June 15, 2002, or such earlier date as is provided for in the Credit Agreement as hereinafter defined ("Maturity Date"), in lawful money of the United States of America, the principal sum of THIRTY MILLION DOLLARS ($30,000,000.00), or the aggregate unpaid principal amount of all advances by HSBC to the Company pursuant to the Credit and Security Agreement between HSBC and the Company dated as of March 30, 2001, as amended by First Amended Credit and Security Agreement dated as of May 24, 2001, Second Amende

UNCONDITIONAL AND CONTINUING GUARANTY OF PAYMENT (KENTUCKY)
Unconditional and Continuing Guaranty of Payment • December 31st, 2003 • New York Mortgage Trust Inc
EXHIBIT 10.53 WHOLE LOAN PURCHASE AND SALE AGREEMENT MORTGAGE LOAN PURCHASE AND SALE AGREEMENT
Whole Loan Purchase and Sale Agreement • December 31st, 2003 • New York Mortgage Trust Inc • New York
RECITALS
Pledge and Security Agreement • December 31st, 2003 • New York Mortgage Trust Inc • Kentucky
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