AMENDED AND RESTATED TRUST AGREEMENT among NYMT SECURITIES CORPORATION, as Depositor, as Owner Trustee and as Trust Administrator Dated as of [ ], 2005 New York Mortgage Trust, Series 2005-[ ] Mortgage-Backed NotesTrust Agreement • August 29th, 2005 • NYMT Securities CORP • Delaware
This TRUST AGREEMENT, dated as of [ ], 2005, is by and among NYMT SECURITIES CORPORATION, a Delaware corporation (the “Depositor”), [ ], a [ ], as Owner Trustee (the “Owner Trustee”), and [ ], a [ ], as Trust Administrator (the “Trust Administrator”).
NEW YORK MORTGAGE TRUST, SERIES 2005-[ ], as Issuer NYMT SECURITIES CORPORATION, as Depositor [ ], as Trust Administrator and Master Servicer NYMT SERVICING CORPORATION, as Servicer [ ], as Subservicer NEW YORK MORTGAGE FUNDING, LLC, as Seller and [...Custodial Agreement • August 29th, 2005 • NYMT Securities CORP • New York
This TRANSFER AND SERVICING AGREEMENT, dated as of [ ], 2005 (the “Agreement” or the “Transfer and Servicing Agreement”), is by and among NEW YORK MORTGAGE TRUST, SERIES 2005-[ ], a Delaware statutory trust, as issuer (the “Issuer”), NYMT SECURITIES CORPORATION, a Delaware corporation, as depositor (the “Depositor”), [ ], as indenture trustee (the “Indenture Trustee”), [ ], as trust administrator (the “Trust Administrator”) and master servicer (the “Master Servicer”), NYMT SERVICING CORPORATION, as servicer (the “Servicer”), [ ], as subservicer (the “Subservicer”) and NEW YORK MORTGAGE FUNDING, LLC, as seller (the “Seller”).
NYMT SECURITIES CORPORATION, as Depositor, as Master Servicer and Trust Administrator, NEW YORK MORTGAGE FUNDING LLC, as Seller, and as TrusteeTrust Agreement • August 29th, 2005 • NYMT Securities CORP • New York
This TRUST AGREEMENT, dated as of [ ], 2005 (the “Agreement”), is by and among NYMT SECURITIES CORPORATION, a Delaware corporation, as depositor (the “Depositor”), [ ], as trustee (the “Trustee”), NEW YORK MORTGAGE FUNDING, LLC, a Delaware limited liability company, as seller (the “Seller”) and [ ], as trust administrator (the “Trust Administrator”) and as master servicer (the “Master Servicer”).
TRUST AGREEMENTTrust Agreement • August 29th, 2005 • NYMT Securities CORP • Delaware
THIS TRUST AGREEMENT, dated as of [ ], 2005, is made by and among NYMT Securities Corporation, a Delaware corporation, as depositor (the “Depositor”), [ ], a [ ], as owner trustee (the “Owner Trustee”) and is acknowledged and agreed as described herein by New York Mortgage Trust, Inc., a Maryland corporation (“NYMT”). The Depositor and the Owner Trustee hereby agree as follows:
as Master Servicer and NEW YORK MORTGAGE FUNDING, LLC, as Seller and NYMT SERVICING CORPORATION as ServicerServicing Agreement • August 29th, 2005 • NYMT Securities CORP • New York
NYMT SECURITIES CORPORATION NYMT Securities Corporation New York Mortgage Trust, Series 2005-[ ] Mortgage-Backed Notes UNDERWRITING AGREEMENTUnderwriting Agreement • August 29th, 2005 • NYMT Securities CORP • New York
INDENTURE among NEW YORK MORTGAGE TRUST, SERIES 2005-[ ], Issuer Trust Administrator and Indenture Trustee Dated as of [ ], 2005Indenture • August 29th, 2005 • NYMT Securities CORP • New York
This INDENTURE, dated as of [ ], 2005, is among NEW YORK MORTGAGE TRUST, SERIES 2005-[ ], a Delaware statutory trust (the “Issuer”), [ ], as Trust Administrator (the “Trust Administrator”) and [ ], a [ ], as indenture trustee and not in its individual capacity (the “Indenture Trustee”).
NYMT SECURITIES CORPORATION, as Purchaser, and NEW YORK MORTGAGE FUNDING, LLC, as Seller,Mortgage Loan Purchase Agreement • August 29th, 2005 • NYMT Securities CORP • New York
MORTGAGE LOAN PURCHASE AGREEMENT (the “Agreement”), dated as of [ ], 2005, between NEW YORK MORTGAGE FUNDING, LLC (the “Seller”) and NYMT SECURITIES CORPORATION (the “Purchaser” or the “Depositor”).
