0001193125-06-074775 Sample Contracts

TRUST AGREEMENT OF HOMEBANC MORTGAGE TRUST 2006-1
Trust Agreement • April 6th, 2006 • Homebanc Corp • Real estate investment trusts • Delaware

This TRUST AGREEMENT (this “Trust Agreement”), is made as of March 1, 2006, by and among (i) HMB Acceptance Corp., a Delaware corporation, as depositor (the “Depositor”), (ii) U.S. Bank National Association, a national banking association, as trustee (the “Trustee”) and (iii) Wilmington Trust Company, a Delaware banking corporation, as Delaware trustee (the “Delaware Trustee”) (the Trustee and the Delaware Trustee together, the “Trustees”). The Depositor and the Trustees hereby agree as follows:

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HMB ACCEPTANCE CORP., as Depositor WELLS FARGO BANK, N.A., as Securities Administrator and Master Servicer HOMEBANC MORTGAGE CORPORATION, as Seller and Servicer WILMINGTON TRUST COMPANY, as Delaware Trustee and U.S. BANK NATIONAL ASSOCIATION, as Trustee
Pooling and Servicing Agreement • April 6th, 2006 • Homebanc Corp • Real estate investment trusts • Delaware

This POOLING AND SERVICING AGREEMENT, dated as of March 1, 2006 (this “Agreement” or this “Pooling and Servicing Agreement”), is by and among HMB ACCEPTANCE CORP., a Delaware corporation, as depositor (the “Depositor”), U.S. BANK NATIONAL ASSOCIATION, as trustee (the “Trustee”), WELLS FARGO BANK, N.A., as securities administrator (in such capacity, the “Securities Administrator”) and master servicer (in such capacity, the “Master Servicer”), HOMEBANC MORTGAGE CORPORATION, a Georgia corporation, as seller (in such capacity, the “Seller”) and as servicer (in such capacity, the “Servicer”) and WILMINGTON TRUST COMPANY, a Delaware banking corporation, as Delaware trustee (the “Delaware Trustee”).

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