NOVASTAR MORTGAGE FUNDING CORPORATION, as Depositor NOVASTAR MORTGAGE, INC., as Servicer and as Sponsor U.S. BANK NATIONAL ASSOCIATION as Custodian and DEUTSCHE BANK NATIONAL TRUST COMPANY as Trustee POOLING AND SERVICING AGREEMENT Dated as of...Pooling and Servicing Agreement • October 5th, 2006 • NovaStar Certificates Financing CORP • Asset-backed securities • New York
NOVASTAR MORTGAGE, INC. as Sponsor, NOVASTAR MORTGAGE FUNDING CORPORATION as Depositor, as Custodian and DEUTSCHE BANK NATIONAL TRUST COMPANY as Trustee MORTGAGE LOAN PURCHASE AGREEMENT Dated as of September 1, 2006 Fixed and Adjustable Rate Mortgage...Mortgage Loan Purchase Agreement • October 5th, 2006 • NovaStar Certificates Financing CORP • Asset-backed securities • New York
THIS MORTGAGE LOAN PURCHASE AGREEMENT (this “Purchase Agreement”), dated as of September 1, 2006, is made among NovaStar Mortgage, Inc. (the “Sponsor”), NovaStar Mortgage Funding Corporation (the “Depositor”), U.S. Bank National Association (the “Custodian”) and Deutsche Bank National Trust Company as trustee (the “Trustee”).
Wachovia Capital Markets, LLC 301 South College Street, NC0610 Charlotte, North Carolina 28288-0610 Re: NovaStar Mortgage Funding Trust, Series 2006-5 Ladies and Gentlemen:Underwriting Agreement • October 5th, 2006 • NovaStar Certificates Financing CORP • Asset-backed securities • New York
ISDA® International Swaps and Derivatives Association, Inc. NOVATION AGREEMENT dated as of September 28, 2006 among: WACHOVIA BANK, NATIONAL ASSOCIATION (the “Remaining Party”), NOVASTAR MORTGAGE, INC. (the “Transferor”) AND NOVASTAR MORTGAGE...Novation Agreement • October 5th, 2006 • NovaStar Certificates Financing CORP • Asset-backed securities • New York
The Transferor and the Remaining Party have entered into one or more Transactions (each an “Old Transaction”), each evidenced by a Confirmation (an “Old Confirmation”) attached hereto as Exhibit I and subject to a 1992 ISDA Master Agreement dated as of September 15, 2003 (the “Old Agreement”).
ISDA® International Swaps and Derivatives Association, Inc. NOVATION AGREEMENT dated as of September 28, 2006 among: THE ROYAL BANK OF SCOTLAND PLC. (the “Remaining Party”), NOVASTAR MORTGAGE, INC. (the “Transferor”) AND NOVASTAR MORTGAGE SUPPLEMENTAL...Novation Agreement • October 5th, 2006 • NovaStar Certificates Financing CORP • Asset-backed securities • New York
The Remaining Party and NovaStar Financial, Inc. (“NFI”) are parties to a 1992 ISDA Master dated as of June 30, 2005 (the “NFI/RBS Master Agreement”). The Remaining Party and NFI originally entered into certain transactions (each an “Old Transaction”) under the NFI/RBS Master Agreement, each evidenced by a Confirmation (an “Old Confirmation”) with reference number IRG16054239, respectively, attached hereto as Exhibit I. The Old Transactions were transferred by novation to the Transferor from NFI pursuant to the Novation Agreement dated July 19, 2006, among NFI, the Remaining Party and the Transferor, made subject to a 1992 ISDA Master Agreement dated as of July 19, 2006, between the Remaining Party and the Transferor (the “Old Agreement”) and assigned the following internal reference number IRG16054239.
ISDA® International Swaps and Derivatives Association, Inc. NOVATION AGREEMENT dated as of September 28, 2006 among: DEUTSCHE BANK AG, NEW YORK BRANCH (the “Remaining Party”), NOVASTAR MORTGAGE, INC. (the “Transferor”) AND NOVASTAR MORTGAGE...Novation Agreement • October 5th, 2006 • NovaStar Certificates Financing CORP • Asset-backed securities • New York
The Remaining Party and NovaStar Financial, Inc. are parties to a 1992 Master dated as of September 21, 2004 (the “NFI/DB Master Agreement”). The Remaining Party and NovaStar Financial, Inc. originally entered into certain transactions (each an “Old Transaction”) under the NFI/DB Master Agreement, each evidenced by a Confirmation (an “Old Confirmation”) attached hereto as Exhibit I. The Old Transactions were transferred by novation to the Transferor pursuant to the Novation Agreement dated July 19, 2006, among NovaStar Finanacial, Inc., the Remaining Party and the Transferor, and made subject to a 1992 ISDA Master Agreement dated as of July 19, 2006, between the Remaining Party and the Transferor (the “Old Agreement”).
