GUARANTYGuaranty • September 9th, 2005 • New Century Financial Corp • Real estate investment trusts • New York
THIS GUARANTY, dated as of September 2, 2005, (this “Guaranty”), is made between New Century Financial Corporation (f/k/a New Century REIT, Inc.) (the “Guarantor”) and Bank of America, N.A. (the “Buyer”, which term shall include any buyer for whom Buyer acts as Agent as defined and provided for in the Master Repurchase Agreement referred to below).
MASTER REPURCHASE AGREEMENTMaster Repurchase Agreement • September 9th, 2005 • New Century Financial Corp • Real estate investment trusts • New York
This Master Repurchase Agreement, dated as of September 2, 2005 (as amended from time to time in accordance with the terms hereof, this “Agreement”), is among DB Structured Products, Inc. (“DBSP” or the “Committed Buyer”), Aspen Funding Corp. (“Aspen”), Newport Funding Corp. (“Newport”), Gemini Securitization Corp., LLC (“Gemini” and, together with Aspen and Newport, each a “Noncommitted Buyer” and collectively, the “Noncommitted Buyers” and, together with the Committed Buyer, each a “Buyer” and collectively, the “Buyers”), and New Century Mortgage Corporation (“NCMC”), New Century Credit Corporation (“NC Credit”), Home123 Corporation (“Home123”) and NC Capital Corporation (“NCCC”; together with NCMC, NC Credit and Home123, each a “Seller” and collectively, the “Sellers”).
MASTER REPURCHASE AGREEMENT Dated as of September 2, 2005Master Repurchase Agreement • September 9th, 2005 • New Century Financial Corp • Real estate investment trusts • New York
Bank of America, N.A., as buyer (“Buyer”, which term shall include any “Principal” as defined and provided for in Annex I), or as agent pursuant hereto (“Agent”),
AMENDMENT NO. 2 AND JOINDER TO MASTER REPURCHASE AGREEMENTMaster Repurchase Agreement • September 9th, 2005 • New Century Financial Corp • Real estate investment trusts • New York
Amendment No. 2, dated as of September 2, 2005 (this “Amendment”), among CREDIT SUISSE FIRST BOSTON MORTGAGE CAPITAL LLC (“Buyer”), NEW CENTURY MORTGAGE CORPORATION, NC CAPITAL CORPORATION, NC RESIDUAL II CORPORATION, NEW CENTURY CREDIT CORPORATION, LOAN PARTNERS MORTGAGE, LTD., KINGSTON MORTGAGE COMPANY, LTD., COMPUFUND MORTGAGE COMPANY, LTD, WRT FINANCIAL LIMITED PARTNERSHIP, PEACHTREE RESIDENTIAL MORTGAGE, L.P., RESIDENTIAL PRIME LENDING LIMITED PARTNERSHIP, TEAM HOME LENDING, LTD., SUTTER BUTTES MORTGAGE, L.P., MIDWEST HOME MORTGAGE LTD, AUSTIN MORTGAGE, L.P., CAPITAL PACIFIC HOME LOANS, L.P., GOLDEN OAK MORTGAGE, L.P., NORTHWEST CAPITAL MORTGAGE, L.P., SCFINANCE, L.P., AD ASTRA MORTGAGE, LTD, HOME123 CORPORATION (each a “Seller” and collectively, the “Sellers”) and NEW CENTURY FINANCIAL CORPORATION, the (“Guarantor”).
GUARANTY AGREEMENTGuaranty Agreement • September 9th, 2005 • New Century Financial Corp • Real estate investment trusts • New York
This Guaranty Agreement (as amended, supplemented or otherwise modified and in effect from time to time, this “Guaranty Agreement”) is made as of September 2, 2005 by New Century Financial Corporation, a Maryland corporation (the “Guarantor”) in favor of DB Structured Products, Inc. (“DBSP” or the “Committed Buyer”), Aspen Funding Corp. (“Aspen”), Newport Funding Corp. (“Newport”), Gemini Securitization Corp., LLC (“Gemini” and, together with Aspen and Newport, each a “Noncommitted Buyer” and collectively, the “Noncommitted Buyers” and, together with Committed Buyer, each a “Buyer” and collectively, the “Buyers”).
