0001193125-04-156817 Sample Contracts

The “9/04 First Commercial Bank Senior Credit Note”)
Senior Credit Note • September 15th, 2004 • Homebanc Corp • Real estate investment trusts • Texas

FOR VALUE RECEIVED, HOMEBANC CORP., a Georgia corporation, and its wholly-owned subsidiary, HOMEBANC MORTGAGE CORPORATION, a Delaware corporation (“Makers” or the “Companies”) jointly and severally to pay to the order of FIRST COMMERCIAL BANK, NEW YORK AGENCY (“Payee”), the New York licensed agency of a Republic of China banking corporation (having an office at 750 Third Avenue, 34th Floor, New York, New York 10017), at the main Houston branch of JPMorgan Chase Bank, 712 Main Street, Houston, Harris County, Texas 77002, or at such other place as the Agent may hereafter designate in writing, in immediately available funds and in lawful money of the United States of America, the principal sum of Twenty Million Dollars ($20,000,000) (or the unpaid balance of all principal advanced against this note, if that amount is less), together with interest on the unpaid principal balance of this note from time to time outstanding until maturity at the applicable rate(s) provided for in the Credit A

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JOINDER AND ASSUMPTION AGREEMENT for HOMEBANC CORP. and HOMEBANC MORTGAGE CORPORATION 6/04 AMENDED AND RESTATED SENIOR SECURED CREDIT AGREEMENT
Joinder and Assumption Agreement • September 15th, 2004 • Homebanc Corp • Real estate investment trusts • Texas

Reference is made to the 6/04 Senior Secured Credit Agreement dated as of June 7, 2004 (as it may be supplemented, amended or restated from time to time, the “Current Credit Agreement”), among HOMEBANC CORP. (“HC”), HOMEBANC MORTGAGE CORPORATION (“HMC” and together with HC, the “Companies”), JPMORGAN CHASE BANK and the other lenders party thereto (the “Lenders”) and JPMORGAN CHASE BANK, as agent and representative of the Lenders (the “Agent”). Terms defined in the Current Credit Agreement and used but not defined differently herein have the same meanings here as there.

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