DEFINITIONS LISTSecurity Agreement • February 3rd, 2006 • New Century Financial Corp • Real estate investment trusts
SCHEDULE to the Master Agreement (Multicurrency – Cross Border) dated as of December 15, 2005 between CALYON NEW YORK BRANCHMaster Agreement • February 3rd, 2006 • New Century Financial Corp • Real estate investment trusts • New York
The designation below of an Event of Default as being “Applicable” to a specific party means that upon the occurrence of such an Event of Default with respect to such party, the other party shall have the rights of a Non-defaulting Party under Section 6 of the Agreement, and conversely, the designation of such an event as being “Not Applicable” means that such other party shall not have such right.
AMENDED AND RESTATED CUSTODIAL AGREEMENTCustodial Agreement • February 3rd, 2006 • New Century Financial Corp • Real estate investment trusts • New York
THIS AMENDED AND RESTATED CUSTODIAL AGREEMENT is made as of December 15, 2005 (the “Agreement”) by and among VON KARMAN FUNDING TRUST (the “Issuer”), a Delaware statutory trust, NEW CENTURY MORTGAGE CORPORATION, a California corporation, as seller and servicer (the “Company”, in its capacity as servicer under the Mortgage Loan Purchase and Servicing Agreement, the “Servicer”, in its capacity as seller under the Mortgage Loan Purchase and Servicing Agreement, the “Seller”), DEUTSCHE BANK TRUST COMPANY AMERICAS (the “Collateral Agent”), a New York banking corporation acting in its capacity as collateral agent under the Security Agreement, and DEUTSCHE BANK NATIONAL TRUST COMPANY, as custodian (the “Custodian”). The Custodian shall hold the Mortgage Notes, Mortgages and Assignments of Mortgages as bailee, initially for the Issuer and then for the Collateral Agent.
AMENDED AND RESTATED DEPOSITARY AGREEMENTDepositary Agreement • February 3rd, 2006 • New Century Financial Corp • Real estate investment trusts • New York
AMENDED AND RESTATED DEPOSITARY AGREEMENT (the “Agreement”) dated as of December 15, 2005 between VON KARMAN FUNDING TRUST (the “Issuer”), and DEUTSCHE BANK TRUST COMPANY AMERICAS, as depositary (the “Depositary”).
AMENDED AND RESTATED SECURITY AGREEMENTSecurity Agreement • February 3rd, 2006 • New Century Financial Corp • Real estate investment trusts • New York
AMENDED AND RESTATED SECURITY AGREEMENT (the “Security Agreement”), dated as of December 15, 2005, between VON KARMAN FUNDING TRUST, a Delaware statutory trust (the “Issuer”), and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Collateral Agent (the “Collateral Agent”).
ContractMortgage Loan Purchase and Servicing Agreement • February 3rd, 2006 • New Century Financial Corp • Real estate investment trusts • New York
AMENDED AND RESTATED MORTGAGE LOAN PURCHASE AND SERVICING AGREEMENT, dated as of December 15, 2005 (as amended, supplemented or otherwise modified and in effect from time to time, the “Purchase Agreement”), among VON KARMAN FUNDING TRUST, a Delaware statutory trust, as purchaser (the “Purchaser”), NEW CENTURY MORTGAGE CORPORATION, a California corporation, as seller and servicer (the “Company”, in its capacity as servicer hereunder, the “Servicer” and in its capacity as seller hereunder, the “Seller”), and NEW CENTURY FINANCIAL CORPORATION, a Maryland corporation, as performance guarantor (the “Performance Guarantor”).
