CWABS ASSET-BACKED CERTIFICATES TRUST 2004-BC4,
Issuer
CWABS, INC.,
Depositor
COUNTRYWIDE HOME LOANS, INC.,
Seller
COUNTRYWIDE HOME LOANS SERVICING LP,
Master Servicer
and
THE BANK OF NEW YORK,
Trustee
---------------------------------
AMENDMENT NO. 1 dated as of
April 19, 2005 to the
POOLING AND SERVICING AGREEMENT
Dated as of October 1, 2004
---------------------------------
ASSET-BACKED CERTIFICATES, SERIES 2004-BC4
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AMENDMENT NO. 1 dated as of April 19, 2005, among CWABS, Inc.,
a Delaware corporation (the "Depositor"),
Countrywide Home Loans, Inc., a New
York corporation (the "Seller"),
Countrywide Home Loans Servicing LP, a Texas
limited partnership (the "Master Servicer")
and The Bank of New York, a New York
banking corporation (the "Trustee").
Preliminary Statement
---------------------
The Depositor, the Trustee, the Seller and the Master Servicer
entered
into a Pooling and Servicing Agreement (the
"Agreement"), dated as of October 1,
2004, relating to the issuance of
Asset-Backed Certificates, Series 2004-BC4.
The Depositor, the Trustee, the Seller and
the Master Servicer desire to amend
the terms of the Agreement to add Fannie
Mae representations pursuant to and in
accordance with Section 10.01 of the
Agreement.
In consideration of the mutual premises and agreements herein,
the
Depositor, the Trustee, the Seller and the
Master Servicer agree as follows:
1.
Capitalized terms not defined herein have the meanings assigned to
them
in the Agreement.
2.
Section 1.01 is hereby amended to add the following:
"BALLOON MORTGAGE LOAN: Any Mortgage Loan having an original term
to
maturity that is shorter than the term of
the related amortization schedule."
3.
Article II is hereby amended to delete Sections 2.03(b)(lix)
through
2.03(b)(lxiii) in their entirety and to add the following:
(lix) Each Mortgage Loan is in compliance with the
anti-predatory
lending eligibility for purchase requirements of Fannie Mae's
Selling
Guide.
(lx) No Mortgage Loan is subject to the Home Ownership and
Equity
Protection Act of 1994.
(lxi) No Mortgage Loan is a "high cost home loan" as defined in
the
Georgia Fair Lending Act, as amended. No Mortgage Loan with a
principal
balance at origination (or modification) equal to or less than
the
mortgage loan balance limit of Fannie Mae in effect at the time
of
origination (or modification) and secured by owner-occupied
real
property located in the State of Georgia was originated (or
modified)
on or after October 1, 2002 through and including March 6,
2003.
(lxii) No Mortgage Loan is a "High-Cost Home Loan" as defined in
New
York Banking Law 6-1.
(lxiii) No Mortgage Loan is a "High-Cost Home Loan" as defined in
the
Arkansas Home Loan Protection Act effective July 16, 2003 (Act 1340
of
2003).
i
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(lxiv) No Mortgage Loan is a "High-Cost Home Loan" as defined in
the
Kentucky high-cost home loan statute effective June 24, 2003 (Ky.
Rev.
Stat. Section
360.100).
(lxv) No Mortgage Loan is a "High-Cost Home Loan" as defined in the
New
Jersey Home Ownership Act effective November 27, 2003 (N.J.S.A.
46:10B-22 et seq.).
(lxvi) No Mortgage Loan is a "High-Cost Home Loan" as defined in
the
New Mexico Home Loan Protection Act effective January 1, 2004
(N.M.
Stat. Ann. ss.ss. 58-21A-1 et seq.).
(lxvii) No Mortgage Loan is a "High-Risk Home Loan" as defined in
the
Illinois High-Risk Home Loan Act effective January 1, 2004 (815
Ill.
Comp. Stat. 137/1 et seq.).
(lxviii) No Mortgage Loan is a "High-Cost Home Mortgage Loan"
as
defined in the Massachusetts Predatory Home Loan Practices Act,
effective November 7, 2004 (Mass. Ann. Laws Ch. 183C).
(lxix) No Mortgage Loan is a "High Cost Home Loan" as defined in
the
Indiana Home Loan Practices Act, effective January 1, 2005 (Ind.
Code
Ann. Sections 24-9-1 through 24-9-9).
(lxx) No Mortgage Loan is a Balloon Mortgage Loan that has an
original
stated maturity of less than seven (7) years.
(lxxi) No borrower was encouraged or required to select a Mortgage
Loan
product offered by the Mortgage Loan's originator which is a
higher
cost product designed for less creditworthy borrowers, unless at
the
time of the Mortgage Loan's origination, such borrow
