AMENDMENT NUMBER FOUR
to the
MORTGAGE LOAN PURCHASE AND SERVICING
AGREEMENT,
dated as of November 1, 2001,
between
UBS REAL ESTATE SECURITIES
INC.,
and
COUNTRYWIDE HOME LOANS, INC.
This AMENDMENT NUMBER FOUR (this
“Amendment Number Four”) is made as of June 22, 2004,
between Countrywide Home Loans, Inc., (the “Seller”)
and UBS Real Estate Securities Inc., (the “Purchaser”),
to the Master Loan Purchase and Servicing Agreement, dated as of
November 1, 2001 (as amended, supplemented or otherwise modified
from time to time, the “Agreement”) between the
Purchaser and the Seller, as otherwise amended.
RECITALS
WHEREAS, the Seller and the Purchaser
hereto desire to amend the Agreement subject to the terms and
conditions of this Amendment Number Four.
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. Defined Terms . Any
terms capitalized but not otherwise defined herein shall have the
respective meanings set forth in the Agreement.
SECTION 2. Amendments . Effective
as of June 22, 2004, the Agreement is hereby amended as
follows:
(A) The following definition in Section 1
are hereby revised by adding the following fields to the Mortgage
Loan Schedule:
(i)
(27) the number and type of residential
units constituting the Mortgaged Property (i.e. a single family
residence, a 2-4 family residence, a unit in a condominium project
or a unit in a planned unit development, manufactured housing);
(28) the original months to maturity; (29) with respect to
Adjustable Rate Mortgage Loans, the Interest Rate Adjustment Date;
(30) with respect to Adjustable Rate Mortgage Loans, the Gross
Margin; (31) with respect to Adjustable Rate Mortgage Loans, the
Lifetime Mortgage Interest Rate Cap under the terms of the Mortgage
Note; (32) with respect to Adjustable Rate Mortgage Loans, a code
indicating the type of Index; (33) with respect to Adjustable Rate
Mortgage Loans, the Periodic Rate Cap and the Initial Rate Cap
under the terms of the Mortgage Note; (34) whether such Mortgage
Loan provides for a Prepayment Penalty; (35) the Prepayment Penalty
period of such Mortgage Loan, if applicable; (36) the Mortgage
Interest Rate as of origination; (37) the credit risk score (FICO
score) at origination; (38) the date of origination; (39) the
Mortgage Interest Rate adjustment period; (40) the Due Date for the
first Monthly Payment; (41) the original Monthly Payment due; (42)
the Appraised Value of the Mortgaged Property; (43) the sales price
of the Mortgaged Property if the Mortgage Loan was originated in
connection with the purchase of the Mortgaged Property; (44) a code
indicating if a Mortgage Loan is an IO Mortgage Loan and the term
of the interest only period; and (45) a code indicating whether the
Mortgage Loan is a MERS Mortgage Loan and, if so, the corresponding
MIN.
(B)
The following definitions are added to
Section 1:
(i)
IO Mortgage Loan
: A Mortgage Loan that provides for
payments of interest only for a period of time set forth in the
related Mortgage Note and then provides equal payments of principal
and interest sufficient to fully amortize the outstanding principal
balance over the remaining term of the Mortgage Loan.
(ii)
MERS : Mortgage Electronic Registration Systems, Inc., a
corporation organized and existing under the laws of the State of
Delaware, or any successor thereto.
(iii)
MERS Mortgage Loan
: Any Loan registered with MERS on the
MERS System.
(iv)
MERS System : The system of recording transfers of mortgages
electronically maintained by MERS.
(v)
MIN : The Mortgage Identification Number for any MERS
Loan.
(vi)
MOM Loan : Any Loan as to which MERS is acting as mortgagee,
solely as nominee for the originator of such Loan and its
successors and assigns.
(vii)
Prepayment Penalty
: With respect to each
Mortgag
