AMENDMENT NUMBER FOUR
to the Amended and Restated Master
Mortgage Loan Purchase and Servicing Agreement
dated as of January 1, 2005
by and between
GREENPOINT MORTGAGE FUNDING,
INC.
and
DB STRUCTURED PRODUCTS, INC.
This AMENDMENT NUMBER FOUR is made this
7th day of March, 2006, by and between GREENPOINT MORTGAGE FUNDING,
INC., having an address at 100 Wood Hollow Drive, Novato,
California 94945 (the “Seller”) and DB STRUCTURED
PRODUCTS, INC. having an address at 60 Wall Street, New York, New
York 10005 (the “Purchaser”), to the Amended and
Restated Master Mortgage Loan Purchase and Servicing Agreement,
dated as of January 1, 2005, as amended by Amendment Number One,
dated as of April 8, 2005, Amendment Number Two, dated as of June
30, 2005 and Amendment Number Three, dated as of October 7, 2005,
by and between the Purchaser and the Seller (the
“Agreement”).
RECITALS
WHEREAS, the Purchaser and the Seller
desire to amend the Agreement, subject to the terms hereof, to
modify the Agreement as specified herein; and
WHEREAS, the Purchaser and the Seller
each have agreed to execute and deliver this Amendment Number Four
on the terms and conditions set forth herein.
NOW THEREFORE, for good and valuable
consideration, the receipt and sufficiency of which are hereby
acknowledged, and of the mutual covenants herein contained, the
parties hereto hereby agree as follows:
SECTION 1.
Amendment . Effective as of March 7th, 2006, the
Agreement is hereby amended as follows:
(a)
The definition of “Mortgage
Loan Schedule” in Section 1 of the Agreement is hereby
amended by deleting the period at the end of the first sentence
thereof and replacing it with the following:
“and (47) with respect to each
Adjustable Rate Mortgage Loan, the lookback days.”
(b)
Section 7.02 of the Agreement is hereby
amended by deleting subpart (lx) thereof in its entirety and
replacing it with the following:
(lx)
No Mortgagor was required to purchase any
single premium credit insurance policy (e.g., life, mortgage,
disability, accident, unemployment, property or health
insurance product) or debt cancellation agreement as a condition of
obtaining the extension of credit. No Mortgagor obtained a prepaid
single premium credit insurance policy (e.g., life, mortgage,
disability, accident, unemployment, property or health insurance
product) in connection with the origination of the Mortgage Loan;
No proceeds from any Mortgage Loan were used to purchase single
premium credit insurance policies or debt cancellation agreements
as part of the origination of, or as a condition to closing, such
Mortgage Loan;
(c)
Section 7.02 of the Agreement is hereby
amended by deleting subpart (lxvii) thereof in its entirety and
replacing it with the following:
(lxvii)
With respect to each Mortgage Loan that
is eligible for sale to Fannie Mae: (i) all points, fees and
charges, including finance charges (whether or not financed,
assessed, collected or to be collected), in connection with the
origination and servicing of such Mortgage Loan were disclosed in
writing to the related Mortgagor in accordance with applicable
state and federal law and regulation and (ii) except in the case of
a Mortgage Loan in an original principal amount of less than
$60,000 which would have resulted in an unprofitable
origin
