0001116679-06-001142 Sample Contracts

MASTER REPURCHASE AGREEMENT Dated as of March 29, 2006 among AMAC CDO FUNDING I, as Seller BANK OF AMERICA, N.A., as a Buyer and BANC OF AMERICA SECURITIES LLC, as a Buyer
Master Repurchase Agreement • April 4th, 2006 • American Mortgage Acceptance Co • Real estate investment trusts • New York

MASTER REPURCHASE AGREEMENT, dated as of March 29, 2006 (as amended, restated, supplemented or otherwise modified and in effect from time to time, this “Agreement”), among AMAC CDO FUNDING I, as seller (“Seller”), and BANK OF AMERICA, N.A. (“BANA”) and BANC OF AMERICA SECURITIES LLC (“BAS”, together with BANA, and their respective successors and assigns, collectively, the “Buyers”, each, a “Buyer”).

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CUSTODIAL AGREEMENT among AMAC CDO FUNDING I, Seller, BANK OF AMERICA, N.A. and BANC OF AMERICA SECURITIES LLC, Buyers, and LASALLE BANK NATIONAL ASSOCIATION, Custodian, Securities Intermediary and Bank Dated: March 29, 2006
Custodial Agreement • April 4th, 2006 • American Mortgage Acceptance Co • Real estate investment trusts • New York

CUSTODIAL AGREEMENT (this “Custodial Agreement”), dated as of March 29, 2006, made by and among AMAC CDO FUNDING I, a Cayman Islands exempted company (“Seller”), BANK OF AMERICA, N.A., a national banking association organized under the laws of the United States (“BANA”) and BANC OF AMERICA SECURITIES LLC, a limited liability company organized under the laws of Delaware (“BAS”, and together with the BANA, “Buyers”, each a “Buyer”), and LASALLE BANK NATIONAL ASSOCIATION, as securities intermediary (in such capacity, “Securities Intermediary”), as bank (in such capacity, the “Bank”) and as Custodian (in such capacity together with its capacities as Securities Intermediary and Bank, collectively, the “Custodian”) pursuant to the Repurchase Agreement referred to below.

GUARANTEE
Guarantee • April 4th, 2006 • American Mortgage Acceptance Co • Real estate investment trusts • New York

GUARANTEE, dated as of March 29, 2006 (as amended, restated, supplemented or otherwise modified and in effect from time to time, this “Guarantee”), made by AMERICAN MORTGAGE ACCEPTANCE COMPANY (the “Guarantor”), in favor of BANK OF AMERICA, N.A. and BANC OF AMERICA SECURITIES LLC (together with their respective successors and assigns, the “Buyers”).

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