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 AgentTrust Agreement • November 3rd, 2004 • Homebanc Corp • Real estate investment trusts • Delaware
This Amended and Restated Trust Agreement, dated as of October 29, 2004 (as amended from time to time, this “Trust Agreement”), among Structured Asset Mortgage Investments II Inc., a Delaware corporation, as depositor (the “Depositor”), Wilmington Trust Company, a Delaware banking corporation, as owner trustee (the “Owner Trustee”), and U.S. Bank National Association, not individually but acting solely as Indenture Trustee (the “Indenture Trustee”), solely as certificate registrar (in such capacity, the “Certificate Registrar”) and certificate paying agent (in such capacity, the “Certificate Paying Agent”).
HOMEBANC MORTGAGE TRUST 2004-2 Issuer WELLS FARGO BANK, NATIONAL ASSOCIATION, Securities Administrator and U.S. BANK NATIONAL ASSOCIATION Indenture TrusteeIndenture • November 3rd, 2004 • Homebanc Corp • Real estate investment trusts • New York
This Indenture, dated as of October 29, 2004, is entered into between HomeBanc Mortgage Trust 2004-2, 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”).
STRUCTURED ASSET MORTGAGE INVESTMENTS II INC., As Depositor HOMEBANC MORTGAGE TRUST 2004-2, as Issuer U.S. BANK NATIONAL ASSOCIATION, as Indenture Trustee WELLS FARGO BANK, NATIONAL ASSOCIATION, as Master Servicer and Securities Administrator and EMC...Mortgage Loan Purchase Agreement • November 3rd, 2004 • Homebanc Corp • Real estate investment trusts • New York
Sale and Servicing Agreement dated as of October 29, 2004 (the “Agreement”), among Structured Asset Mortgage Investments II Inc., a Delaware corporation, as depositor (the “Depositor”), HomeBanc Mortgage Trust 2004-2, 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”).
ASSIGNMENT, ASSUMPTION AND RECOGNITION AGREEMENTAssignment, Assumption and Recognition Agreement • November 3rd, 2004 • Homebanc Corp • Real estate investment trusts • New York
This is an Assignment, Assumption and Recognition Agreement (this “AAR Agreement”) made as of October 29, 2004 (the “Closing Date”), among EMC Mortgage Corporation, (the “Assignor”), HomeBanc Mortgage Trust 2004-2, as issuer (the “Assignee”), HMB Acceptance Corp. (the “Company”) and HomeBanc Corp. (the “Servicer”).
