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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
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