Exhibit 4
BANC OF AMERICA MORTGAGE SECURITIES,
INC.,
as Depositor
BANK OF AMERICA, N.A.,
as Servicer
and
WELLS FARGO BANK, N.A.,
as Trustee
AMENDMENT No. 1
Dated August 23, 2005
To
POOLING AND SERVICING AGREEMENT
Dated June 28, 2005
Mortgage Pass-Through Certificates
Series 2005-F
AMENDMENT No. 1, dated August 23,
2005, (the “Amendment”), to the Pooling and Servicing
Agreement, dated June 28, 2005 (the “Agreement”), among
BANC OF AMERICA MORTGAGE SECURITIES, INC., as depositor (the
“Depositor”), BANK OF AMERICA, N.A., as servicer (the
“Servicer”) and WELLS FARGO BANK, N.A., as trustee (the
“Trustee”).
WHEREAS, Section 11.01 of the
Agreement provides, among other things, that the Depositor, the
Servicer and the Trustee may amend the Agreement, without the
consent of any of the Certificateholders, to cure any ambiguity or
mistake;
WHEREAS, it was the intent of the
Depositor or its agent to structure the Class 2-A-3 and Class 2-A-4
Certificates as set forth in this Amendment instead of as
Certificates that are pari passu as to Realized Losses after the
Senior Credit Support Depletion Date and such Certificates were in
fact structured and marketed in accordance with the
Depositor’s (or its agent’s) intent;
WHEREAS, notwithstanding the
Depositor’s intent and the understanding of investors, the
Agreement mistakenly provides for pari passu allocation of Realized
Losses among such Classes;
WHEREAS, the Depositor, the Servicer
and the Trustee desire to amend the Agreement, as set forth in this
Amendment to cure such mistake; and
WHEREAS, notwithstanding that this
Amendment may be entered into without the consent of any of the
Certificateholders, the holder of 100% of the Class 2-A-4
Certificates has consented to this Amendment.
NOW THEREFORE, in consideration of
the mutual agreements herein contained, the Depositor, the Servicer
and the Trustee agree as follows:
All terms used in this Amendment
which are defined in the Agreement, either directly or by reference
therein, have the meanings assigned to them therein, except to the
extent such terms are defined or modified in this Amendment or the
context clearly requires otherwise.
Section 1. Amendment to Section
1.01 .
(a) The following definitions are
hereby amended to read in their entirety as follows:
Class Certificate
Balance : With respect to
any Class (other than the Class 1-IO and Class 2-IO Certificates)
and any date of determination, and subject to Section 5.03(g), the
Initial Class Certificate Balance of such Class minus the sum of
(i) all distributions of principal made with respect thereto, (ii)
all reductions in Class Certificate Balance previously allocated
thereto pursuant to Section 5.03(b) and (iii) in the case of the
Class 1-A-2 and Class 2-A-4 Certificates, any reduction allocated
thereto pursuant to Section 5.03(e) plus the sum of (i) all
increases in Class Certificate Balance previously allocated thereto
pursuant to Section 5.03(b) and (ii) in the case of the Class 1-A-2
and Class 2-A-4 Certificates, any increases allocated thereto
pursuant to Section 5.03(e). The Class 1-IO and Class 2-IO
Certificates are Interest-Only Certificates and have no Class
Certificate Balance.
-2-
(b) The following definitions are
hereby added to read in their entirety as follows:
Class 2-A-3 Loss
Amount : With respect to
any Distribution Date after the Senior Credit Support Depletion
Date, the amount, if any, by which the Class Certificate Balance of
the Class 2-A-3 Certificates would be reduced as a result of the
allocation of any reduction pursuant to Section 5.03(b) to such
Class, without regard to the operation of Section
5.03(e).
Class 2-A-4 Loss Allocation
Amount : With respect to
any Distribution Date after the Senior Credit Support Depletion
Date, the lesser of (a) the Class Certificate Balance of the Class
2-A-4 Certificates with respect to such Distribution Date prior to
any reduction for the Class 2-A-4 Loss Allocation Amount and (b)
the Class 2-A-3 Loss Amount with respect to such Distribution
Date.
Section 2. Amendment of Section
5.03 . Section 5.03(e) is hereby amended by replacing the last
two paragraphs with the following:
After the Senior Credit Support
Depletion Date, on any Distribution Date on which the Class 1-A-2
Loss Allocation Amount is greater than zero, the Class Certificate
Balance of the Class 1-A-2 Certificates will be reduced by the
Class 1-A-2 Loss Allocation Amount and, notwithstanding Section
5.03(b), the Class Certificate Balance of the Class 1-A-1
Certificates will not be reduced by the Class 1-A-2 Loss Allocation
Amount. Notwithstanding the foregoing, on any Distribution Date on
which the Class 1-A-1 Loss Amount exceeds the Class Certificate
Balance of the Class 1-A-2 Certificates prior to any reduction for
the Class 1-A-2 Loss Allocation Amount, such excess will be
allocated in reduction of the Class Certificate Balance of the
Class 1-A-1 Certificates. After the Senior Credit Support Depletion
Date, on any Distribution Date on which the Class 2-A-4 Loss
Allocation Amount is greater than zero, the Class Certificate
Balance of the Class 2-A-4 Certificates will be reduced by the
Class 2-A-4 Loss Allocation Amount and, notwithstanding Section
5.03(b), the Class Certificate Balance of the Class 2-A-3
Certificates will not be reduced by the Class 2-A-4 Loss Allocation
Amount. Notwithstanding the foregoing, on any Distribution Date on
which the Class 2-A-3 Loss Amount exceeds the Class Certificate
Balance
