AMENDMENT NO. 2 TO THE POOLING AND SERVICING AGREEMENTPooling and Servicing Agreement • September 22nd, 2006 • NovaStar Mortgage Funding Trust, Series 2005-3 • Asset-backed securities • New York
Amendment No. 2, dated as of September 18, 2006 (the “Amendment”), to the Pooling and Servicing Agreement (the “Agreement”) dated as of September 1, 2005 as amended by Amendment No. 1 dated as of March 27, 2006, among NovaStar Mortgage Funding Corporation (the “Company”), NovaStar Mortgage, Inc., as seller and servicer (the “Seller” or “Servicer”), U.S. Bank National Association as successor to Wachovia Bank, National Association, as custodian (the “Custodian”), JPMorgan Chase Bank, National Association, as trustee (the “Trustee”) and J.P. Morgan Trust Company, National Association, as co-trustee (the “Co-Trustee”). Capitalized terms used and not defined herein shall have the meaning set forth in the Agreement and Appendix A thereto.
Acknowledgement and Assignment AgreementAcknowledgement and Assignment Agreement • September 22nd, 2006 • NovaStar Mortgage Funding Trust, Series 2005-3 • Asset-backed securities
This Acknowledgement and Assignment Agreement is dated as of September 18, 2006 (this “Agreement”) and relates to NovaStar Mortgage Funding Trust, Series 2005-3 (the “Trust”), which was created pursuant to the Pooling and Servicing Agreement dated as of September 1, 2005 (the “Agreement”) by and among NovaStar Mortgage Funding Corporation, as Company (the “Company”), NovaStar Mortgage, Inc., as Servicer and as Seller (the “Servicer” and the “Seller”), U.S. Bank National Association (f/k/a Wachovia Bank, National Association) as Custodian (the “Custodian”), J.P. Morgan Chase Bank, National Association as Trustee (the “Trustee”) and J.P. Morgan Trust Company, National Association, as Co-Trustee (the “Co-Trustee”) Capitalized terms used herein and not otherwise defined herein shall have their respective meanings as set forth in the Agreement.
