0001193125-05-097648 Sample Contracts

JUNIOR SUBORDINATED INDENTURE between NOVASTAR MORTGAGE, INC. and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as Trustee
Junior Subordinated Indenture • May 5th, 2005 • Novastar Financial Inc • Real estate investment trusts • New York

JUNIOR SUBORDINATED INDENTURE, dated as of March 15, 2005, between NovaStar Mortgage, Inc., a Virginia corporation (the “Company”), and JPMORGAN CHASE BANK, National Association, a national banking association, as Trustee (in such capacity, the “Trustee”).

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AMENDED AND RESTATED TRUST AGREEMENT among NOVASTAR MORTGAGE, INC., as Depositor JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as Property Trustee CHASE BANK USA, NATIONAL ASSOCIATION, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN as...
Trust Agreement • May 5th, 2005 • Novastar Financial Inc • Real estate investment trusts • Delaware

THIS AMENDED AND RESTATED TRUST AGREEMENT, dated as of March 15, 2005, among (i) NovaStar Mortgage, Inc., a Virginia corporation (including any successors or permitted assigns, the “Depositor”), (ii) JPMorgan Chase Bank, National Association, a national banking association, as property trustee (in such capacity, the “Property Trustee”), (iii) Chase Bank USA, National Association, a national banking association, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) Scott F. Hartman, an individual, Gregory S. Metz, an individual and Jeffrey D. Ayers, an individual, each of whose address is c/o NovaStar Financial, Inc., 8140 Ward Parkway, Suite 300, Kansas City, MO 64114, as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”) and (v) the several Holders, as hereinafter defined.

PARENT GUARANTEE AGREEMENT between NOVASTAR FINANCIAL, INC., as Parent Guarantor, and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as Guarantee Trustee Dated as of March 15, 2005 NOVASTAR MORTGAGE, INC.
Parent Guarantee Agreement • May 5th, 2005 • Novastar Financial Inc • Real estate investment trusts • New York

This PARENT GUARANTEE AGREEMENT, dated as of March 15 2005, executed and delivered by NOVASTAR FINANCIAL, INC., a Maryland corporation (the “Parent Guarantor”) having its principal office at 8140 Ward Parkway, Suite 300, Kansas City, Missouri 64114, and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, a national banking association, as trustee (in such capacity, the “Guarantee Trustee”), for the benefit of the Trust (as defined herein), the Holders (as defined herein) and the Note Holders (as defined herein) from time to time of the Notes (as defined herein) of NOVASTAR MORTGAGE, INC., a Virginia corporation (the “Company”).

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