AMENDED AND RESTATED GUARANTY AND PLEDGE AGREEMENTGuaranty and Pledge Agreement • October 5th, 2004 • New Century TRS Holdings Inc • Mortgage bankers & loan correspondents • New York
THIS AMENDED AND RESTATED GUARANTY AND PLEDGE AGREEMENT, dated as of October 1, 2004, (this “Guaranty”), is made by and among NEW CENTURY FINANCIAL CORPORATION (f/k/a New Century REIT, Inc.) (“NCFC”) and NEW CENTURY MORTGAGE CORPORATION (“NCMC”; and jointly and severally with NCFC, the “Guarantors”) and CITIGROUP GLOBAL MARKETS REALTY CORP. (the “Buyer”, which term shall include any buyer for whom Buyer acts as Agent as defined and provided for in the Master Repurchase Agreement referred to below).
AMENDED AND RESTATED GUARANTYGuaranty • October 5th, 2004 • New Century TRS Holdings Inc • Mortgage bankers & loan correspondents • New York
THIS AMENDED AND RESTATED GUARANTY, dated as of October 1, 2004 (“Guaranty”) is made by NEW CENTURY FINANCIAL CORPORATION (f/k/a New Century REIT, Inc.) (“NCFC” or “Guarantor”), in favor of CITIGROUP GLOBAL MARKETS REALTY CORP. (the “Lender”), party to the Servicer Advance Financing Facility Agreement referred to below.
AMENDMENT AND JOINDER NO. 3 TO MASTER REPURCHASE AGREEMENTMaster Repurchase Agreement • October 5th, 2004 • New Century TRS Holdings Inc • Mortgage bankers & loan correspondents • New York
THIS AMENDMENT AND JOINDER NO. 3, made as of October 1, 2004 (“Amendment No. 3”), by and among BEAR STEARNS MORTGAGE CAPITAL CORPORATION (the “Buyer”), NC CAPITAL CORPORATION (“NC Capital”), NC RESIDUAL II CORPORATION (“NC Residual”) and NEW CENTURY CREDIT CORPORATION (“NC Credit”, and together with NC Capital and NC Residual, each a “Seller” and collectively the “Sellers”).
AMENDED AND RESTATED PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • October 5th, 2004 • New Century TRS Holdings Inc • Mortgage bankers & loan correspondents • New York
From time to time Citigroup Global Markets Realty Corp. (“Citigroup”) and NC Capital Corporation (“NC Capital”) and New Century Credit Corporation (“NC Credit”; and jointly and severally with NC Capital, the “Sellers”) may engage in purchase and sale transactions whereby either Seller sells to Citigroup adjustable rate and fixed rate one- to-four family first lien and second lien mortgage loans acceptable to Citigroup in its sole discretion (“Eligible Mortgage Loans”) and related servicing rights at a price equal to the Purchase Price (as defined herein) and whereby, on a date fixed by agreement between Citigroup and such Seller, the Seller agrees to repurchase such Eligible Mortgage Loans and related servicing rights from Citigroup, and Citigroup agrees to resell such Mortgage Loans and related servicing rights to the Seller, at the repurchase price, which is based on the Purchase Price and reflects the agreed upon return to Citigroup (the “Repurchase Price”), all subject to and in ac
CITIGROUP GLOBAL MARKETS REALTY CORP. New York, New York 10013 October 1, 2004Letter Agreement • October 5th, 2004 • New Century TRS Holdings Inc • Mortgage bankers & loan correspondents • New York
This letter agreement (the “Letter Agreement”) confirms the understanding and agreements among NC Capital Corporation (“NC Capital”), New Century Mortgage Corporation (“NC Mortgage”), New Century Credit Corporation (“NC Credit”) and Citigroup Global Markets Realty Corp. (“Citigroup”), under the terms set forth herein, regarding Citigroup’s agreement to provide a committed financing line (the “Financing Line”) to NC Capital and NC Credit in connection with certain adjustable-rate and fixed-rate, first lien and second lien mortgage loans that are originated by NC Mortgage (the “Mortgage Loans”), and amends and restates that certain letter agreement among NC Capital, NC Mortgage and Citigroup dated January 1, 2002 (the “Original Letter Agreement”).
AMENDMENT to CERTAIN PROGRAM DOCUMENTS in relation to the VON KARMAN FUNDING LLC SECURED LIQUIDITY NOTES PROGRAM 2003Mortgage Loan Purchase and Servicing Agreement • October 5th, 2004 • New Century TRS Holdings Inc • Mortgage bankers & loan correspondents • New York
THIS AMENDMENT, dated as of September 30, 2004 (this “Amendment”), is made by and among Von Karman Funding LLC (the “Issuer”), New Century Mortgage Corporation (as Seller and as Servicer under the Mortgage Loan Purchase and Servicing Agreement (as described below), the “Seller,” or the “Servicer,” as the case may be), Citibank, N.A. (the “Swap Counterparty”), and Deutsche Bank Trust Company Americas (the “Collateral Agent”).
ASSIGNMENT AND ASSUMPTION AGREEMENTAssignment and Assumption Agreement • October 5th, 2004 • New Century TRS Holdings Inc • Mortgage bankers & loan correspondents • New York
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT, dated as of September 30, 2004 (this “Agreement”) among New Century Mortgage Corporation (“NCMC”), New Century Financial Corporation (“NCFC”), New Century Funding I (the “Note Issuer”), NC Capital Corporation (“NCCC”), NC Residual II Corporation (“NCR II”) and New Century REIT, Inc. (“NC REIT”):
AMENDMENT AND JOINDER TO THIRD AMENDED AND RESTATED MASTER REPURCHASE AGREEMENTMaster Repurchase Agreement • October 5th, 2004 • New Century TRS Holdings Inc • Mortgage bankers & loan correspondents • New York
Amendment and Joinder to Third Amended and Restated Master Repurchase Agreement, dated as of September 29, 2004 (“Amendment and Joinder”), among CDC Mortgage Capital Inc., a New York corporation, having an address at 9 West 57th Street, 36th Floor, New York, New York 10019 (“Buyer”), and New Century Mortgage Corporation, a California corporation, having an address at 18400 Von Karman, Suite 1000, Irvine, California 92612 (“NCMC”), NC Residual II Corporation, a Delaware corporation, having an address at 18400 Von Karman, Suite 1000, Irvine, California 92612 (“NCRC”), NC Capital Corporation, a California corporation, having an address at 18400 Von Karman, Suite 1000, Irvine, California 92612 (“NCCC”) and New Century Credit Corporation, a California corporation, having an address at 18400 Von Karman, Suite 1000, Irvine, California 92612 (“New Century”, and together with NCMC, NCCC and NCRC, “Seller”).
