STRUCTURED ASSET MORTGAGE INVESTMENT II INC. as Depositor WILMINGTON TRUST COMPANY, as Owner Trustee and U.S. BANK NATIONAL ASSOCIATION, as Certificate Registrar and Certificate Paying Agent AMENDED AND RESTATED TRUST AGREEMENT Dated as of July 30,...Trust Agreement • August 26th, 2004 • Homebanc Corp • Real estate investment trusts • Delaware
HOMEBANC MORTGAGE TRUST 2004-1 Issuer WELLS FARGO BANK, NATIONAL ASSOCIATION, Securities Administrator and U.S. BANK NATIONAL ASSOCIATION Indenture TrusteeIndenture • August 26th, 2004 • Homebanc Corp • Real estate investment trusts • New York
This Indenture, dated as of July 30, 2004, is entered into between HomeBanc Mortgage Trust 2004-1, a Delaware statutory trust, as Issuer (the “Issuer”), Wells Fargo Bank, National Association, as Securities Administrator (the “Securities Administrator”), and U.S. Bank National Association, a national banking association, as Indenture Trustee (the “Indenture Trustee”).
ASSIGNMENT, ASSUMPTION AND RECOGNITION AGREEMENTAssignment, Assumption and Recognition Agreement • August 26th, 2004 • Homebanc Corp • Real estate investment trusts • New York
This is an Assignment, Assumption and Recognition Agreement (this “AAR Agreement”) made as of July 30, 2004 (the “Closing Date”), among EMC Mortgage Corporation, (the “Assignor”), HomeBanc Mortgage Trust 2004-1, as issuer (the “Assignee”), HMB Acceptance Corp. (the “Company”), HomeBanc Corp. (the “Servicer”) and Structured Asset Mortgage Investments II Inc. (“SAMI II”).
STRUCTURED ASSET MORTGAGE INVESTMENTS II INC., as Depositor HOMEBANC MORTGAGE TRUST 2004-1, as Issuer U.S. BANK NATIONAL ASSOCIATION, as Indenture Trustee WELLS FARGO BANK, NATIONAL ASSOCIATION, as Master Servicer and Securities Administrator and EMC...Sale and Servicing Agreement • August 26th, 2004 • Homebanc Corp • Real estate investment trusts • New York
Sale and Servicing Agreement dated as of July 30, 2004 (the “Agreement”), among Structured Asset Mortgage Investments II Inc., a Delaware corporation, as depositor (the “Depositor”), HomeBanc Mortgage Trust 2004-1, a Delaware statutory trust, as issuer (the “Issuer”), U.S. Bank National Association, a national banking association, not in its individual capacity but solely as indenture trustee (the “Indenture Trustee”), Wells Fargo Bank, National Association, as master servicer (in such capacity, the “Master Servicer”) and as securities administrator (in such capacity, the “Securities Administrator”), and EMC Mortgage Corporation, as seller (in such capacity, the “Seller”) and as company (in such capacity, the “Company”).
EMC MORTGAGE CORPORATION Purchaser, HMB ACCEPTANCE CORP. Company, HOMEBANC CORP. Servicer, PURCHASE, WARRANTIES AND SERVICING AGREEMENT Dated as of July 1, 2004 (Fixed and Adjustable Rate Mortgage Loans)Purchase, Warranties and Servicing Agreement • August 26th, 2004 • Homebanc Corp • Real estate investment trusts • New York
This is a Purchase, Warranties and Servicing Agreement, dated as of July 1, 2004 and is executed among EMC MORTGAGE CORPORATION, as Purchaser, with offices located at Mac Arthur Ridge II, 909 Hidden Ridge Drive, Suite 200, Irving, Texas 75038 (the “Purchaser”), HMB Acceptance Corp., with its executive offices located at 2002 Summit Boulevard, Suite 100, Atlanta, GA 30319 (the “Company”) and HomeBanc Corp., with its executive offices located at 2002 Summit Boulevard, Suite 100, Atlanta, GA 30319 (the “Servicer”).
