GUARANTYGuaranty • December 16th, 2005 • New Century Financial Corp • Real estate investment trusts • New York
Contract Type FiledDecember 16th, 2005 Company Industry JurisdictionGUARANTY, dated as of December 12, 2005 (as amended, restated, supplemented or otherwise modified and in effect from time to time, this “Guaranty”), is made and entered upon the terms hereinafter set forth by NEW CENTURY FINANCIAL CORPORATION, a corporation duly incorporated and in good standing in the State of Maryland (the “Guarantor”), in favor of MORGAN STANLEY BANK (a “Buyer” and “MSB”) and MORGAN STANLEY MORTGAGE CAPITAL INC. (a “Buyer” and, collectively with MSB, the “Beneficiaries” and each a “Beneficiary”), pursuant to that certain Master Repurchase Agreement, dated as of December 12, 2005 (as amended, restated, supplemented or otherwise modified and in effect from time to time, the “Repurchase Agreement”), by and among NC Capital Corporation (“NC Capital”), New Century Mortgage Corporation (“New Century”), NC Residual II Corporation (“NC Residual”), Home123 Corporation (“Home123”), New Century Credit Corporation (“NC Credit”, together with NC Capital, New Century, Home123 and
MASTER REPURCHASE AGREEMENTMaster Repurchase Agreement • December 16th, 2005 • New Century Financial Corp • Real estate investment trusts • New York
Contract Type FiledDecember 16th, 2005 Company Industry JurisdictionMASTER REPURCHASE AGREEMENT, dated as of December 12, 2005 (as amended, restated, supplemented or otherwise modified and in effect from time to time, this “Repurchase Agreement”), by and among NC CAPITAL CORPORATION, a California corporation (“NC Capital”), NEW CENTURY MORTGAGE CORPORATION, a California corporation (“New Century”), NC RESIDUAL II CORPORATION, a Delaware corporation (“NC Residual”), HOME123 CORPORATION, a California corporation (“Home123”), NEW CENTURY CREDIT CORPORATION, a California corporation (“NC Credit”, together with NC Capital, New Century, Home123 and NC Residual, collectively, the “Sellers”, each, a “Seller”), MORGAN STANLEY BANK, a Utah industrial loan corporation (“MSB”) and MORGAN STANLEY MORTGAGE CAPITAL INC., a New York corporation (“MSMCI”, together with MSB, the “Buyers”, each a “Buyer”) as agent for the Buyers (in such capacity, the “Agent”).