0001116679-07-002190 Sample Contracts

SECOND AMENDMENT AND WAIVER
Second Amendment and Waiver • August 21st, 2007 • Crystal River Capital, Inc. • Real estate investment trusts • New York

SECOND AMENDMENT AND WAIVER (this “Amendment”), dated as of August 15, 2007, by and among CRYSTAL RIVER CAPITAL, INC., a corporation organized under the laws of the State of Maryland (“Borrower”), BANK HAPOALIM B.M. (“BHBM”) and SIGNATURE BANK (“Signature”; each of BHBM and Signature, a “Lender” and, collectively, the “Lenders”), and Signature as administrative agent for Lenders (in such capacity, the “Agent”). Terms which are capitalized in this Amendment and not otherwise defined herein shall have the meanings ascribed to such terms in the Credit Agreement (as defined below).

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AMENDMENT NO. 2 TO MASTER REPURCHASE AGREEMENT
Master Repurchase Agreement • August 21st, 2007 • Crystal River Capital, Inc. • Real estate investment trusts • New York

AMENDMENT NO. 2 TO MASTER REPURCHASE AGREEMENT, dated as of August 15, 2007 (this “Amendment”), by and among WACHOVIA BANK, NATIONAL ASSOCIATION. (the “Buyer”) and CRYSTAL RIVER CAPITAL, INC. and CRYSTAL RIVER CAPITAL TRS HOLDINGS, INC. (each a “Seller” and collectively, the “Sellers”). Capitalized terms used but not otherwise defined herein shall have the meanings given to them in the Existing Agreement (as defined below).

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