SECOND AMENDMENT TO SERVICING AND CUSTODIAN AGREEMENTServicing and Custodian Agreement • August 13th, 2003 • E Loan Inc • Mortgage bankers & loan correspondents • New York
This SECOND AMENDMENT TO SERVICING AND CUSTODIAN AGREEMENT is made and entered into as of July 14, 2003 (as it may be modified, supplemented or amended from time to time in accordance with its terms, this "Amendment") by and among E-LOAN AUTO FUND ONE, LLC, a Delaware limited liability company (the "Company"), E-LOAN, INC., a Delaware corporation, as administrator for the Company (in such capacity, the "Administrator") and in its individual capacity (in such capacity, the "Originator") for purposes of Article X of the Existing Servicing Agreement (as defined below), Systems & Services Technologies, Inc., a corporation organized under the laws of the State of Delaware, its permitted successors and assigns (hereinafter referred to as "SST"), as servicer and custodian (in such capacities, the "Servicer" and the "Custodian", respectively) to the Existing Servicing Agreement (as defined below).
LINE OF CREDIT NOTEE Loan Inc • August 13th, 2003 • Mortgage bankers & loan correspondents • California
FOR VALUE RECEIVED, the undersigned E-Loan, Inc., a Delaware corporation ("Borrower") promises to pay to the order of Wells Fargo Bank, NATIONAL ASSOCIATION ("Bank") at its office at San Jose, California, or at such other place as the holder hereof may designate, in lawful money of the United States of America and in immediately available funds, the principal sum of Five Million Dollars ($5,000,000.00), or so much thereof as may be advanced and be outstanding, with interest thereon, to be computed on each advance from the date of its disbursement as set forth herein.
THIRD AMENDMENT TO LOAN AGREEMENTLoan Agreement • August 13th, 2003 • E Loan Inc • Mortgage bankers & loan correspondents • New York
This THIRD AMENDMENT TO LOAN AGREEMENT is made and entered into as of July 14, 2003 (as it may be modified, supplemented or amended from time to time in accordance with its terms, this "Amendment") by and between E-LOAN, INC., a Delaware corporation (the "Borrower"), and MERRILL LYNCH MORTGAGE CAPITAL INC., a Delaware corporation (together with its successors and assigns, "Lender").
THIRD AMENDMENT TO CREDIT AGREEMENTCredit Agreement • August 13th, 2003 • E Loan Inc • Mortgage bankers & loan correspondents • New York
This THIRD AMENDMENT TO CREDIT AGREEMENT is made and entered into as of July 14, 2003 (as it may be modified, supplemented or amended from time to time in accordance with its terms, this "Amendment") by and among E-LOAN AUTO FUND ONE, LLC, a Delaware limited liability company (the "Borrower"), E-LOAN, INC., a Delaware corporation (the "E-Loan"), and MERRILL LYNCH BANK USA, an industrial loan company organized under the laws of Utah (together with its successors and assigns, the "Lender").
AMENDMENT NUMBER SIX to the Master Loan and Security Agreement Dated as of March 21, 2002 by and between E-LOAN, INC. and GREENWICH CAPITAL FINANCIAL PRODUCTS, INC.Loan and Security Agreement • August 13th, 2003 • E Loan Inc • Mortgage bankers & loan correspondents • New York
This AMENDMENT NUMBER SIX is made this 30th day of June, 2003, by and between E-LOAN, INC., having an address at 5875 Arnold Road, Dublin, California 94568 (the "Borrower") and GREENWICH CAPITAL FINANCIAL PRODUCTS, INC., having an address at 600 Steamboat Road, Greenwich, Connecticut 06830 (the "Lender"), to the Master Loan and Security Agreement, dated as of March 21, 2002, by and between the Borrower and the Lender, as amended (the "Agreement"). Capitalized terms used but not otherwise defined herein shall have the meanings assigned to such terms in the Agreement.
Sublease Building D Sublease Building DE Loan Inc • August 13th, 2003 • Mortgage bankers & loan correspondents
This Sublease is made as of June 20, 2003 by and between Charles Schwab & Co., Inc., a California corporation ("Sublandlord"), and E-Loan, Inc., a Delaware corporation ("Subtenant").
SECURITY AGREEMENT WELLS FARGO SECURITIES ACCOUNTSecurity Agreement • August 13th, 2003 • E Loan Inc • Mortgage bankers & loan correspondents • Delaware
GRANT OF SECURITY INTEREST. For valuable consideration, the undersigned E-LOAN, Inc., or any of them ("Debtor"), hereby grants and transfers to WELLS FARGO BANK, NATIONAL ASSOCIATION ("Bank") a security interest in (a) Debtor's account no. [**] (whether held in Debtor's name or as a Bank collateral account for the benefit of Debtor), and all replacements or substitutions therefor, including any account resulting from a renumbering or other administrative re-identification thereof (collectively, the "Securities Account") maintained with Wells Capital Management ("Intermediary"), (b) all financial assets credited to the Securities Account, (c) all security entitlements with respect to the financial assets credited to the Securities Account, and (d) any and all other investment property or assets maintained or recorded in the Securities Account (with all the foregoing defined as "Collateral"), together with whatever is receivable or received when any of the Collateral or proceeds thereof
SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • August 13th, 2003 • E Loan Inc • Mortgage bankers & loan correspondents • New York
This SECOND AMENDMENT TO CREDIT AGREEMENT is made and entered into as of June 3, 2003 (as it may be modified, supplemented or amended from time to time in accordance with its terms, this "Amendment") by and among E-LOAN AUTO FUND ONE, LLC, a Delaware limited liability company (the "Borrower"), E-LOAN, INC., a Delaware corporation (the "E-Loan"), and MERRILL LYNCH BANK USA, an industrial loan company organized under the laws of Utah (together with its successors and assigns, the "Lender") to the Existing Credit Agreement (as defined below).
CREDIT AGREEMENTCredit Agreement • August 13th, 2003 • E Loan Inc • Mortgage bankers & loan correspondents • California
THIS AGREEMENT is entered into as of June 30, 2003 by and between E-LOAN, INC., a Delaware corporation ("Borrower"), and WELLS FARGO BANK, NATIONAL ASSOCIATION ("Bank").
FOURTH AMENDED AND RESTATED NOTEE Loan Inc • August 13th, 2003 • Mortgage bankers & loan correspondents
This Fourth Amended and Restated Note ("Amended and Restated Note"), amends, restates and supersedes all prior notes, including that certain Note dated November 1, 2001 in the amount of $50,000,000 ("Original Note"), as amended and restated from time to time. The Original Note as amended and restated from time to time shall collectively be referred to as the "Note". However, the Amended and Restated Note shall in no way extinguish the Borrower's unconditional obligation to repay all indebtedness evidenced by the Original Note, as amended from time to time. This Note is referred to in the Warehouse Credit Agreement, dated as of November 1, 2001 ("Warehouse Credit Agreement"). This Note is secured by the Warehouse Security Agreement, dated as of November 1, 2001.
SECOND AMENDMENT TO LOAN AGREEMENTLoan Agreement • August 13th, 2003 • E Loan Inc • Mortgage bankers & loan correspondents • New York
This SECOND AMENDMENT TO LOAN AGREEMENT is made and entered into as of June 3, 2003 (as it may be modified, supplemented or amended from time to time in accordance with its terms, this "Amendment") by and between E-LOAN, INC., a Delaware corporation (the "Borrower"), and MERRILL LYNCH MORTGAGE CAPITAL INC., a Delaware corporation (together with its successors and assigns, "Lender").
FIRST AMENDMENT TO WAREHOUSING CREDIT AND SECURITY AGREEMENTWarehousing Credit and Security Agreement • August 13th, 2003 • E Loan Inc • Mortgage bankers & loan correspondents
FIRST AMENDMENT TO WAREHOUSING CREDIT AND SECURITY AGREEMENT (this "Amendment") dated as of , between , a ("Borrower") and RESIDENTIAL FUNDING CORPORATION, a Delaware corporation ("Lender").
FIFTEENTH MODIFICATION AGREEMENTFifteenth Modification Agreement • August 13th, 2003 • E Loan Inc • Mortgage bankers & loan correspondents • Delaware
THIS FIFTEENTH MODIFICATION AGREEMENT (the "Agreement") is made as of the 18th day of June, 2003, by and among E-LOAN, INC. (the "Borrower"), and GMAC Bank, a federal saving bank (the "Lender").
