0001193125-05-038640 Sample Contracts

TRUST AGREEMENT among HMB ACCEPTANCE CORP., as Depositor, WILMINGTON TRUST COMPANY, as Owner Trustee and U.S. BANK NATIONAL ASSOCIATION, as Administrator Dated as of February 1, 2005 HOMEBANC MORTGAGE TRUST 2005-1 Mortgage Backed Notes
Trust Agreement • February 28th, 2005 • Homebanc Corp • Real estate investment trusts • Delaware

This TRUST AGREEMENT dated as of February 1, 2005, is by and among HMB ACCEPTANCE CORP., a Delaware corporation (the “Depositor”), WILMINGTON TRUST COMPANY, a Delaware banking corporation, as Owner Trustee (the “Owner Trustee”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as Administrator (the “Administrator”).

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HOMEBANC CORP., SELLER and HMB ACCEPTANCE CORP., DEPOSITOR MORTGAGE LOAN PURCHASE AGREEMENT Dated as of February 1, 2005 HomeBanc Mortgage Trust 2005-1 (Mortgage Backed Notes)
Mortgage Loan Purchase Agreement • February 28th, 2005 • Homebanc Corp • Real estate investment trusts • New York

This MORTGAGE LOAN PURCHASE AGREEMENT dated as of February 1, 2005 (this “Agreement”), is by and between HMB Acceptance Corp., a Delaware corporation (the “Depositor”) and HomeBanc Corp., a Georgia corporation (the “Seller”).

HOMEBANC MORTGAGE TRUST 2005-1, as Issuer HMB ACCEPTANCE CORP., as Depositor WELLS FARGO BANK, N.A., as Securities Administrator and Master Servicer HOMEBANC CORP., as Seller and Servicer and U.S. BANK NATIONAL ASSOCIATION, as Indenture Trustee
Transfer and Servicing Agreement • February 28th, 2005 • Homebanc Corp • Real estate investment trusts • New York

This TRANSFER AND SERVICING AGREEMENT, dated as of February 1, 2005 (this “Agreement” or this “Transfer and Servicing Agreement”), is by and among HOMEBANC MORTGAGE TRUST 2005-1, a Delaware statutory trust, as issuer (the “Issuer”), HMB ACCEPTANCE CORP., a Delaware corporation, as depositor (the “Depositor”), U.S. BANK NATIONAL ASSOCIATION, as indenture trustee (the “Indenture Trustee”), WELLS FARGO BANK, N.A., as securities administrator (in such capacity, the “Securities Administrator”) and master servicer (in such capacity, the “Master Servicer”) and HOMEBANC CORP., a Georgia corporation, as seller (in such capacity, the “Seller”) and servicer (in such capacity, the “Servicer”).

INDENTURE between HOMEBANC MORTGAGE TRUST 2005-1, Issuer and U.S. BANK NATIONAL ASSOCIATION, Indenture Trustee Dated as of February 1, 2005
Indenture • February 28th, 2005 • Homebanc Corp • Real estate investment trusts • New York

This INDENTURE, dated as of February 1, 2005, is by and between HOMEBANC MORTGAGE TRUST 2005-1, a Delaware statutory trust (the “Issuer”) and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as indenture trustee and not in its individual capacity (the “Indenture Trustee”).

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