Common use of Interpretation of Terms Clause in Contracts

Interpretation of Terms. All references to “Seller” or “Buyer”, as the case may be, in the Agreement shall, subject to the provisions of this Annex IV (including, among other provisions, the limitations on Agent’s liability in Paragraph 3 of this Annex IV), be construed to reflect that (i) each Principal shall have, in connection with any Transaction or Transactions entered into by Agent on its behalf, the rights, responsibilities, privileges and obligations of a “Seller” or “Buyer”, as the case may be, directly entering into such Transaction or Transactions with the other party under the Agreement, and (ii) Agent’s Principal or Principals have designated Agent as their sole agent for performance of Seller’s obligations to Buyer or Buyer’s obligations to Seller, as the case may be, and for receipt of performance by Buyer of its obligations to Seller or Seller of its obligations to Buyer, as the case may be, in connection with any Transaction or Transactions under the Agreement (including, among other things, as Agent for each Principal in connection with transfers of Securities, cash or other property and as agent for giving and receiving all notices under the Agreement). Both Agent and its Principal or Principals shall be deemed “parties” to the Agreement and all references to a “party” or “either party” in the Agreement shall be deemed revised accordingly (and any Act of Insolvency with respect to Agent or any other Event of Default by Agent under Paragraph 11 of the Agreement shall be deemed an Event of Default by Seller or Buyer, as the case may be).

Interpretation of Terms. All references to “Seller” "Lender" or “Buyer”, "Borrower," as the case may be, in the Agreement shall, subject to the provisions of this Annex IV (including, among other provisions, the limitations on Agent’s 's liability in Paragraph Section 3 of this Annex IVAnnex), be construed to reflect that (i) each Principal shall have, in connection with any Transaction Loan or Transactions Loans entered into by Agent on its behalf, the rights, responsibilities, privileges and obligations of a “Seller” "Lender" or “Buyer”, "Borrower," as the case may be, directly entering into such Transaction Loan or Transactions Loans with the other party under the Agreement, and (ii) Agent’s 's Principal or Principals have designated Agent as their sole agent for performance of Seller’s Lender's obligations to Buyer Borrower or Buyer’s Borrower's obligations to SellerLender, as the case may be, and for receipt of performance by Buyer Borrower of its obligations to Seller Lender or Seller Lender of its obligations to BuyerBorrower, as the case may be, in connection with any Transaction Loan or Transactions Loans under the Agreement (including, among other things, as Agent for each Principal in connection with transfers of Securitiessecurities, cash or other property and as agent for giving and receiving all notices under the Agreement). Both Agent and its Principal or Principals shall be deemed “"parties” " to the Agreement and all references to a “party” or “either party” in the Agreement shall be deemed revised accordingly (and any Act of Insolvency with respect to Agent or any other Event of Default by Agent under Paragraph 11 of the Agreement shall be deemed an Event of Default by Seller or Buyer, as the case may be).a

Interpretation of Terms. All references to “Seller” or “Buyer”, ” as the case may be, in the Agreement shall, subject to the provisions of this Annex IV (including, among other provisions, the limitations on Agent’s liability in Paragraph 3 of this Annex IV), be construed to reflect that (i) each Principal shall have, in connection with any Transaction or Transactions entered into by Agent on its behalf, the rights, responsibilities, privileges and obligations of a “Seller” or “Buyer”, ” as the case may be, directly entering into such Transaction or Transactions with the other party under the Agreement, and (ii) Agent’s Principal or Principals have designated Agent as their sole agent for performance of Seller’s obligations to Buyer or Buyer’s obligations to Seller, as the case may be, and for receipt of performance by Buyer of its obligations to Seller or Seller of its obligations to Buyer, as the case may be, in connection with any Transaction or Transactions under the Agreement (including, among other things, as Agent for each Principal in connection with transfers of Securities, cash or other property and as agent for giving and receiving all notices under the Agreement). Both Agent and its Principal or Principals shall be deemed “parties” to the Agreement and all references to a “party” party or “either party” in the Agreement shall be deemed revised accordingly (and any Act of Insolvency with respect to Agent or any other Event of Default by Agent under Paragraph 11 of the Agreement shall be deemed an Event of Default by Seller or Buyer, as the case may be).

Interpretation of Terms. All references to “Seller” "Lender" or “Buyer”, "Borrower," as the case may be, in the Agreement shall, subject to the provisions of this Annex IV (including, among other provisions, the limitations on Agent’s 's liability in Paragraph Section 3 of this Annex IVAnnex), be construed to reflect that (i) each Principal shall have, in connection with any Transaction Loan or Transactions Loans entered into by Agent on its behalf, the rights, responsibilities, privileges and obligations of a “Seller” "Lender" or “Buyer”, "Borrower," as the case may be, directly entering into such Transaction Loan or Transactions Loans with the other party under the Agreement, and (ii) Agent’s 's Principal or Principals have designated Agent as their sole agent for performance of Seller’s Lender's obligations to Buyer Borrower or Buyer’s Borrower's obligations to SellerLender, as the case may be, and for receipt of performance by Buyer Borrower of its obligations to Seller Lender or Seller Lender of its obligations to BuyerBorrower, as the case may be, in connection with any Transaction Loan or Transactions Loans under the Agreement (including, among other things, as Agent for each Principal in connection with transfers of Securitiessecurities, cash or other property and as agent for giving and receiving all notices under the Agreement). Both Agent and its Principal or Principals shall be deemed “"parties” " to the Agreement and all references to a “"party” " or “"either party” " in the Agreement shall be deemed revised accordingly (and any Act of Insolvency with respect to Agent or any other Event of Default by Agent under Paragraph 11 of the Agreement shall be deemed an Event of a Default by Seller Lender or BuyerBorrower, as the case may be).

Interpretation of Terms. All references to “Seller” "Lender" or “Buyer”, "Borrower," as the case may be, in the Agreement shall, subject to the provisions of this Annex IV (including, among other provisions, the limitations on Agent’s 's liability in Paragraph Section 3 of this Annex IVAnnex), be construed to reflect that (i) each Principal shall have, in connection with any Transaction Loan or Transactions Loans entered into by Agent on its behalf, the rights, responsibilities, privileges and obligations of a “Seller” "Lender" or “Buyer”, "Borrower," as the case may be, directly entering into such Transaction Loan or Transactions Loans with the other party under the Agreement, and (ii) Agent’s 's Principal or Principals have designated Agent as their sole agent for performance of Seller’s Lender's obligations to Buyer Borrower or Buyer’s Borrower's obligations to SellerLender, as the case may be, and for receipt of performance by Buyer Borrower of its obligations to Seller Lender or Seller Lender of its obligations to BuyerBorrower, as the case may be, in connection with any Transaction Loan or Transactions Loans under the Agreement (including, among other things, as Agent for each Principal in connection with transfers of Securitiessecurities, cash or other property and as agent for giving and receiving all notices under the Agreement). Both Agent and its Principal or Principals shall be deemed “"parties” " to the Agreement and all references to a “"party” " or “"either party” " in the Agreement shall be deemed revised accordingly (and any Act of Insolvency with respect to Agent or any other Event of 2000 Master Securities Loan Agreement AI-2 Default by Agent under Paragraph 11 of the Agreement shall be deemed an Event of a Default by Seller Lender or BuyerBorrower, as the case may be).

Interpretation of Terms. All references to “SellerLender” or “Buyer”, Borrower,” as the case may be, in the Agreement shall, subject to the provisions of this Annex IV (including, among other provisions, the limitations on Agent’s liability in Paragraph Section 3 of this Annex IVAnnex), be construed to reflect that (i) each Principal shall have, in connection with any Transaction Loan or Transactions Loans entered into by Agent on its behalf, the rights, responsibilities, privileges and obligations of a “SellerLender” or “Buyer”, Borrower,” as the case may be, directly entering into such Transaction Loan or Transactions Loans with the other party under the Agreement, and (ii) Agent’s Principal or Principals have designated Agent as their sole agent for performance of SellerLender’s obligations to Buyer Borrower or BuyerBorrower’s obligations to SellerLender, as the case may be, and for receipt of performance by Buyer Borrower of its obligations to Seller Lender or Seller Lender of its obligations to BuyerBorrower, as the case may be, in connection with any Transaction Loan or Transactions Loans under the Agreement (including, among other things, as Agent for each Principal in connection with transfers of Securitiessecurities, cash or other property and as agent for giving and receiving all notices under the Agreement). Both Agent and its Principal or Principals shall be deemed “parties” to the Agreement and all references to a “party” or “either party” in the Agreement shall be deemed revised accordingly (and any Act of Insolvency with respect to Agent or any other Event of 2000 Master Securities Loan Agreement• AI-2 Default by Agent under Paragraph 11 of the Agreement shall be deemed an Event of a Default by Seller Lender or BuyerBorrower, as the case may be).. Title: Date: By: Title: Date:

Interpretation of Terms. All references to “Seller” or “Buyer”, as the case may be, in the Agreement shall, subject to the provisions of this Annex IV I (including, among other provisions, the limitations on Agent’s liability in Paragraph Section 3 of this Annex IV1), be construed to reflect that (i) each Principal shall have, in connection with any Transaction or Transactions entered into by Agent on its behalf, the rights, responsibilities, privileges and obligations of a “Seller” or “Buyer”, as the case may be, directly entering into such Transaction or Transactions with the other party under the Agreement, and (ii) Agent’s Principal or Principals have designated Agent as their sole agent for performance of Seller’s obligations to Buyer or Buyer’s obligations to Seller, as the case may be, and for receipt of performance by Buyer of its obligations to Seller or Seller of its obligations to Buyer, as the case may be, in connection with any Transaction or Transactions under the Agreement (including, among other things, as Agent for each Principal in connection with transfers of Securities, cash or other property and as agent for giving and receiving all notices under the Agreement). Both Agent and its Principal or Principals shall be deemed “parties” to the Agreement and all references to a “party” or “either party” in the Agreement shall be deemed revised accordingly accordingly. I, , of New Century Mortgage Corporation, as administrator of New Century Funding A (the “Company”), do hereby certify that the Company is in compliance with all provisions and any Act of Insolvency with respect to Agent or any other Event of Default by Agent under Paragraph 11 terms of the Agreement shall be deemed an Event Amended and Restated Master Repurchase Agreement, dated as of Default May 13, 2002, amended and restated to and including May 21, 2004 by Seller or Buyerand between Bank of America, as N.A. and the case may be)Company.

Interpretation of Terms. All references to “Seller” "Lender" or “Buyer”, "Borrower," as the case may be, in the Agreement shall, subject to the provisions of this Annex IV (including, among other provisions, the limitations on Agent’s 's liability in Paragraph Section 3 of this Annex IVAnnex), be construed to reflect that (i) each Principal shall have, in connection with any Transaction Loan or Transactions Loans entered into by Agent on its behalf, the rights, responsibilities, privileges and obligations of a “Seller” "Lender" or “Buyer”, "Borrower," as the case may be, directly entering into such Transaction Loan or Transactions Loans with the other party under the Agreement, and (ii) Agent’s 's Principal or Principals have designated Agent as their sole agent for performance of Seller’s ▇▇▇▇▇▇'s obligations to Buyer Borrower or Buyer’s Borrower's obligations to SellerLender, as the case may be, and for receipt of performance by Buyer Borrower of its obligations to Seller Lender or Seller Lender of its obligations to BuyerBorrower, as the case may be, in connection with any Transaction Loan or Transactions Loans under the Agreement (including, among other things, as Agent for each Principal in connection with transfers of Securitiessecurities, cash or other property and as agent for giving and receiving all notices under the Agreement). Both Agent and its Principal or Principals shall be deemed “"parties” " to the Agreement and all references to a “"party” " or “"either party” " in the Agreement shall be deemed revised accordingly (and any Act of Insolvency with respect to Agent or any other Event of Default by Agent under Paragraph 11 of the Agreement shall be deemed an Event of a Default by Seller Lender or BuyerBorrower, as the case may be).

Interpretation of Terms. All references to “Seller” or “Buyer”, as the case may be, in the Agreement shall, subject to the provisions of this Annex IV I (including, among other provisions, the limitations on Agent’s liability in Paragraph Section 3 of this Annex IV1), be construed to reflect that (i) each Principal shall have, in connection with any Transaction or Transactions entered into by Agent on its behalf, the rights, responsibilities, privileges and obligations of a “Seller” or “Buyer”, as the case may be, directly entering into such Transaction or Transactions with the other party under the Agreement, and (ii) Agent’s Principal or Principals have designated Agent as their sole agent for performance of Seller’s obligations to Buyer or Buyer’s obligations to Seller, as the case may be, and for receipt of performance by Buyer of its obligations to Seller or Seller of its obligations to Buyer, as the case may be, in connection with any Transaction or Transactions under the Agreement (including, among other things, as Agent for each Principal in connection with transfers of Securities, cash or other property and as agent for giving and receiving all notices under the Agreement). Both Agent and its Principal or Principals shall be deemed “parties” to the Agreement and all references to a “party” or “either party” in the Agreement shall be deemed revised accordingly (and any Act of Insolvency with respect to Agent or any other Event of Default by Agent under Paragraph 11 of the Agreement shall be deemed an Event of Default by Seller or Buyer, as the case may be)accordingly.

Interpretation of Terms. All references to “SellerSellers” or “Buyer”, as the case may be, in the Agreement shall, subject to the provisions of this Annex IV I (including, among other provisions, the limitations on Agent’s liability in Paragraph Section 3 of this Annex IVI), be construed to reflect that (i) each Principal shall have, in connection with any Transaction or Transactions entered into by Agent on its behalf, the rights, responsibilities, privileges and obligations of a “Seller” or “Buyer”, as the case may be, directly entering into such Transaction or Transactions with the other party under the Agreement, and (ii) Agent’s Principal or Principals have designated Agent as their sole agent for performance of Seller’s the Sellers’ obligations to Buyer or Buyer’s obligations to Sellerthe Sellers, as the case may be, and for receipt of performance by Buyer of its obligations to Seller the Sellers or Seller the Sellers of its obligations to Buyer, as the case may be, in connection with any Transaction or Transactions under the Agreement (including, among other things, as Agent for each Principal in connection with transfers of Securities, cash or other property and as agent for giving and receiving all notices under the Agreement). Both Agent and its Principal or Principals shall be deemed “parties” to the Agreement and all references to a “party” or “either party” in the Agreement shall be deemed revised accordingly (and any Act of Insolvency with respect to Agent or any other Event of Default by Agent under Paragraph 11 of the Agreement shall be deemed an Event of Default by Seller or Buyer, as the case may be)accordingly.

Interpretation of Terms. All references to “SellerSellers” or “Buyer”, as the case may be, in the Agreement shall, subject to the provisions of this Annex IV I (including, among other provisions, the limitations on Agent’s liability in Paragraph Section 3 of this Annex IV1), be construed to reflect that (i) each Principal shall have, in connection with any the Transaction or Transactions entered into by Agent on its behalf, the rights, responsibilities, privileges and obligations of a “Seller” or “Buyer”, as the case may be, directly entering into such Transaction or Transactions with the other party under the Agreement, and (ii) Agent’s Principal or Principals have designated Agent as their sole agent for performance of Seller’s Sellers’ obligations to Buyer or Buyer’s obligations to a Seller, as the case may be, and for receipt of performance by Buyer of its obligations to a Seller or a Seller of its obligations to Buyer, as the case may be, in connection with any the Transaction or Transactions under the Agreement (including, among other things, as Agent for each Principal in connection with transfers of Securities, cash or other property and as agent for giving and receiving all notices under the Agreement). Both Agent and its Principal or Principals shall be deemed “parties” to the Agreement and all references to a “party” or “either party” in the Agreement shall be deemed revised accordingly accordingly. I, , of [Seller] (and any Act of Insolvency with respect to Agent or any other Event of Default by Agent under Paragraph 11 the “Company”), do hereby certify on behalf of the Agreement shall be deemed an Event Company that the Company is in compliance with all provisions and terms of Default the Master Repurchase Agreement, dated as of November 12, 2004, by Seller or Buyerand among NC Capital Corporation, as the case may be)New Century Mortgage Corporation, NC Residual II Corporation, New Century Credit Corporation, and Barclays Bank Plc.

Interpretation of Terms. All references to “"Seller” " or “"Buyer”", as the case may be, in the Agreement shall, subject to the provisions of this Annex IV I (including, among other provisions, the limitations on Agent’s 's liability in Paragraph Section 3 of this Annex IV1), be construed to reflect that (i) each Principal shall have, in connection with any Transaction or Transactions entered into by Agent on its behalf, the rights, responsibilities, privileges and obligations of a “"Seller” " or “"Buyer”", as the case may be, directly entering into such Transaction or Transactions with the other party under the Agreement, and (ii) Agent’s 's Principal or Principals have designated Agent as their sole agent for performance of Seller’s 's obligations to Buyer or Buyer’s 's obligations to Seller, as the case may be, and for receipt of performance by Buyer of its obligations to Seller or Seller of its obligations to Buyer, Buyer as the case may be, in connection with any Transaction or Transactions under the Agreement (including, among other things, as Agent for each Principal in connection with transfers of SecuritiesLoans, securities, cash or other property and as agent for giving and receiving all notices under the Agreement). Both Agent and its Principal or Principals shall be deemed “parties” to the Agreement and all references to a “party” or “either party” in the Agreement shall be deemed revised accordingly (and any Act of Insolvency with respect to Agent or any other Event of Default by Agent under Paragraph 11 of the Agreement shall be deemed an Event of Default by Seller or Buyer, as the case may be).deemed

Interpretation of Terms. All references to “SellerLender” or “Buyer”, Borrower,” as the case may be, in the Agreement shall, subject to the provisions of this Annex IV (including, among other provisions, the limitations on Agent’s liability in Paragraph Section 3 of this Annex IVAnnex), be construed to reflect that (i) each Principal shall have, in connection with any Transaction Loan or Transactions Loans entered into by Agent on its behalf, the rights, responsibilities, privileges and obligations of a “SellerLender” or “Buyer”, Borrower,” as the case may be, directly entering into such Transaction Loan or Transactions Loans with the other party under the Agreement, and (ii) Agent’s Principal or Principals have designated Agent as their sole agent for performance of SellerLender’s obligations to Buyer Borrower or BuyerBorrower’s obligations to SellerLender, as the case may be, and for receipt of performance by Buyer Borrower of its obligations to Seller Lender or Seller Lender of its obligations to BuyerBorrower, as the case may be, in connection with any Transaction Loan or Transactions Loans under the Agreement (including, among other things, as Agent for each Principal in connection with transfers of Securitiessecurities, cash or other property and as agent for giving and receiving all notices under the Agreement). Both Agent and its Principal or Principals shall be deemed “parties” to the Agreement and all references to a “party” or “either party” in the Agreement shall be deemed revised accordingly (and any Act of Insolvency with respect to Agent or any other Event of Default by Agent under Paragraph 11 of the Agreement shall be deemed an Event of a Default by Seller Lender or BuyerBorrower, as the case may be).

Interpretation of Terms. All references to “"Seller” " or “"Buyer”", as the case may be, in the Agreement shall, subject to the provisions of this Annex IV I (including, among other provisions, the limitations on Agent’s 's liability in Paragraph Section 3 of this Annex IVI), be construed to reflect that (i) each Principal shall have, in connection with any Transaction or Transactions entered into by Agent on its behalf, the rights, responsibilities, privileges and obligations of a “"Seller” " or “"Buyer”", as the case may be, directly entering into such Transaction or Transactions with the other party under the Agreement, and (ii) Agent’s 's Principal or Principals have designated Agent as their sole agent for performance of Seller’s 's obligations to Buyer or Buyer’s 's obligations to Seller, as the case may be, and for receipt of performance by Buyer of its obligations to Seller or Seller of its obligations to Buyer, as the case may be, in connection with any Transaction or Transactions under the Agreement (including, among other things, as Agent for each Principal in connection with transfers of Securities, cash or other property and as agent for giving and receiving all notices under the Agreement). Both Agent and its Principal or Principals shall be deemed “"parties” " to the Agreement and all references to a “"party” " or “"either party” " in the Agreement shall be deemed revised accordingly accordingly. I, , , the [OFFICER] of Spirit Funding Company, LLC, (the "Company"), do hereby certify that the Company is in compliance with all provisions and any Act of Insolvency with respect to Agent or any other Event of Default by Agent under Paragraph 11 terms of the Master Repurchase Agreement shall be deemed an Event (the "Repurchase Agreement") by and among Bank of Default by Seller or BuyerAmerica Mortgage Capital Corporation, Spirit Finance Corporation and the Company dated as the case may be)of August 9, 2004.

Interpretation of Terms. All references to “Seller” "Lender" or “Buyer”, "Borrower," as the case may be, in the Agreement shall, subject to the provisions of this Annex IV (including, among other provisions, the limitations on Agent’s 's liability in Paragraph Section 3 of this Annex IVAnnex), be construed to reflect that (i) each Principal shall have, in connection with any Transaction Loan or Transactions Loans entered into by Agent on its behalf, the rights, responsibilities, privileges and obligations of a “Seller” "Lender" or “Buyer”, "Borrower," as the case may be, directly entering into such Transaction Loan or Transactions Loans with the other party under the Agreement, and (ii) Agent’s 's Principal or Principals have designated Agent as their sole agent for performance of Seller’s Lender's obligations to Buyer Borrower or Buyer’s Borrower's obligations to SellerLender, as the case may be, and for receipt of performance by Buyer Borrower of its obligations to Seller Lender or Seller Lender of its obligations to BuyerBorrower, as the case may be, in connection with any Transaction Loan or Transactions Loans under the Agreement (including, among other things, as Agent for each Principal in connection with transfers of Securitiessecurities, cash or other property and as agent for giving and receiving all notices under the Agreement). Both Agent and its Principal or Principals shall be deemed “"parties” " to the Agreement and all references to a “party” or “either party” in the Agreement shall be deemed revised accordingly (and any Act of Insolvency with respect to Agent or any other Event of Default by Agent under Paragraph 11 of the Agreement shall be deemed an Event of Default by Seller or Buyer, as the case may bedc-455557 -AI-2 EX-99.(g)(2)(iii).

Interpretation of Terms. All references to “Seller” "Lender" or “Buyer”, "Borrower," as the case may be, in the Agreement shall, subject to the provisions of this Annex IV (including, among other provisions, the limitations on Agent’s 's liability in Paragraph Section 3 of this Annex IVAnnex), be construed to reflect that (i) each Principal shall have, in connection with any Transaction Loan or Transactions Loans entered into by Agent on its behalf, the rights, responsibilities, privileges and obligations of a “Seller” "Lender" or “Buyer”, "Borrower," as the case may be, directly entering into such Transaction Loan or Transactions Loans with the other party under the Agreement, and (ii) Agent’s 's Principal or Principals have designated Agent as their sole agent for performance of Seller’s Lender's obligations to Buyer Borrower or Buyer’s Borrower's obligations to SellerLender, as the case may be, and for receipt of performance by Buyer Borrower of its obligations to Seller Lender or Seller Lender of its obligations to BuyerBorrower, as the case may be, in connection with any Transaction Loan or Transactions Loans under the Agreement (including, among other things, as Agent for each Principal in connection with transfers of Securitiessecurities, cash or other property and as agent for giving and receiving all notices under the Agreement). Both Agent and its Principal or Principals shall be deemed “"parties” " to the Agreement and all references to a “"party” " or “"either party” " in the Agreement shall be deemed revised accordingly (and any Act of Insolvency with respect to Agent or any other Event of Default by Agent under Paragraph 11 of the Agreement shall be deemed an Event of a Default by Seller Lender or BuyerBorrower, as the case may be).. Annex II

Interpretation of Terms. All references to “Seller” or “Buyer”, as the case may be, in the Agreement shall, subject to the provisions of this Annex IV I (including, among other provisions, the limitations on Agent’s liability in Paragraph Section 3 of this Annex IV1), be construed to reflect that (i) each Principal shall have, in connection with any Transaction or Transactions entered into by Agent on its behalf, the rights, responsibilities, privileges and obligations of a “Seller” or “Buyer”, as the case may be, directly entering into such Transaction or Transactions with the other party under the Agreement, and (ii) Agent’s Principal or Principals have designated Agent as their sole agent for performance of the related Seller’s obligations to Buyer or Buyer’s obligations to the related Seller, as the case may be, and for receipt of performance by Buyer of its obligations to the related Seller or the related Seller of its obligations to Buyer, as the case may be, in connection with any Transaction or Transactions under the Agreement (including, among other things, as Agent for each Principal in connection with transfers of SecuritiesAssets, cash or other property and as agent for giving and receiving all notices under the Agreement). Both Agent and its Principal or Principals shall be deemed “parties” to the Agreement and all references to a “‘ party” or “either party” in the Agreement shall be deemed revised accordingly accordingly. I, , of NovaStar Mortgage, Inc., Inc./NovaStar Assets Corp. (the “Company”), do hereby certify that the Company is in compliance with all provisions and any Act of Insolvency with respect to Agent or any other Event of Default by Agent under Paragraph 11 terms of the Agreement shall be deemed an Event Master Repurchase Agreement, dated as of Default July , 2003, by Seller or Buyerand between [ ], as the case may be).Company and NovaStar Mortgage, Inc./NovaStar Assets Corp.

Interpretation of Terms. All references to “SellerLender” or “Buyer”, Borrower,” as the case may be, in the Agreement shall, subject to the provisions of this Annex IV (including, among other provisions, the limitations on Agent’s liability in Paragraph Section 3 of this Annex IVAnnex), be construed to reflect that (i) each Principal shall have, in connection with any Transaction Loan or Transactions Loans entered into by Agent on its behalf, the rights, responsibilities, privileges and obligations of a “SellerLender” or “Buyer”, Borrower,” as the case may be, directly entering into such Transaction Loan or Transactions Loans with the other party under the Agreement, and (ii) Agent’s Principal or Principals have designated Agent as their sole agent for performance of SellerLender’s obligations to Buyer Borrower or BuyerBorrower’s obligations to SellerLender, as the case may be, and for receipt of performance by Buyer Borrower of its obligations to Seller Lender or Seller Lender of its obligations to BuyerBorrower, as the case may be, in connection with any Transaction Loan or Transactions Loans under the Agreement (including, among other things, as Agent for each Principal in connection with transfers of Securitiessecurities, cash or other property and as agent for giving and receiving all notices under the Agreement). Both Agent and its Principal or Principals shall be deemed “parties” to the Agreement and all references to a “party” or “either party” in the Agreement shall be deemed revised accordingly (and any Act of Insolvency with respect to Agent or any other Event of Default by Agent under Paragraph 11 of the Agreement shall be deemed an Event of a Default by Seller Lender or BuyerBorrower, as the case may be).. BlackRock Institutional Trust Company, N.A. In its individual capacity By: Title: By: Title: [Borrower] By: Title: Title: Annex II Market Value Unless otherwise agreed by Borrower and Lender:

Interpretation of Terms. All references to “Seller” or “Buyer”, as the case may be, in the Agreement shall, subject to the provisions of this Annex IV (including, among other provisions, the limitations on Agent’s liability in Paragraph 3 of this Annex IV), be construed to reflect that (i) each Principal shall have, in connection with any Transaction or Transactions entered into by Agent on its behalf, the rights, responsibilities, privileges and obligations of a “Seller” or “Buyer”, as the case may be, directly entering into such Transaction or Transactions with the other party under the Agreement, and (ii) Agent’s Principal or Principals have designated Agent as their sole agent for performance of Seller’s obligations to Buyer or Buyer’s obligations to Seller, as the case may be, and for receipt of performance by Buyer of its obligations to Seller or Seller of its obligations to Buyer, as the case may be, in connection with any Transaction or Transactions under the Agreement (including, among other things, as Agent for each Principal in connection with transfers of Securities, cash or other property and as agent for giving and receiving all notices under the Agreement). Both Agent and its Principal or Principals shall be deemed “parties” to the Agreement and all references to a “party” or “either party” in the Agreement shall be deemed revised accordingly (and any Act act of Insolvency with respect to Agent or any other Event of Default by Agent under Paragraph 11 of the Agreement shall be deemed an Event of Default by Seller or Buyer, as the case may be).

Interpretation of Terms. All references to “Seller” or “Buyer”, as the case may be, in the Agreement shall, subject to the provisions of this Annex IV I (including, among other provisions, the limitations on Agent’s liability in Paragraph Section 3 of this Annex IVI), be construed to reflect that (i) each Principal shall have, in connection with any Transaction or Transactions entered into by Agent on its behalf, the rights, responsibilities, privileges and obligations of a “Seller” or “Buyer”, as the case may be, directly entering into such Transaction or Transactions with the other party under the Agreement, and (ii) Agent’s Principal or Principals have designated Agent as their sole agent for performance of Seller’s obligations to Buyer or Buyer’s obligations to Seller, as the case may be, and for receipt of performance by Buyer of its obligations to Seller or Seller of its obligations to Buyer, as the case may be, in connection with any Transaction or Transactions under the Agreement (including, among other things, as Agent for each Principal in connection with transfers of Securitiessecurities, cash or other property and as agent for giving and receiving all notices under the Agreement). Both Agent and its Principal or Principals shall be deemed “parties” to the Agreement and all references to a “party” or “either party” in the Agreement shall be deemed revised accordingly (and any Act of Insolvency with respect to Agent or any other Event of Default by Agent under Paragraph 11 of the Agreement accordingly. The Structure Fee shall be deemed an Event amount equal to the product of Default by Seller or Buyer(x) 0.10% per annum and (y) the Maximum Aggregate Purchase Price, as the case may be)payable quarterly in arrears.

Interpretation of Terms. All references to “Seller” or “Buyer”, as the case may be, in the Agreement shall, subject to the provisions of this Annex IV I (including, among other provisions, the limitations on Agent’s liability in Paragraph Section 3 of this Annex IV1), be construed to reflect that (i) each Principal shall have, in connection with any the Transaction or Transactions entered into by Agent on its behalf, the rights, responsibilities, privileges and obligations of a “Seller” or “Buyer”, as the case may be, directly entering into such Transaction or Transactions with the other party under the Agreement, and (ii) Agent’s Principal or Principals have designated Agent as their sole agent for performance of Seller’s obligations to Buyer or Buyer’s obligations to Seller, as the case may be, and for receipt of performance by Buyer of its obligations to Seller or Seller of its obligations to Buyer, as the case may be, in connection with any the Transaction or Transactions under the Agreement (including, among other things, as Agent for each Principal in connection with transfers of Securities, cash or other property and as agent for giving and receiving all notices under the Agreement). Both Agent and its Principal or Principals shall be deemed “parties” to the Agreement and all references to a “party” or “either party” in the Agreement shall be deemed revised accordingly (and any Act of Insolvency with respect to Agent or any other Event of Default by Agent under Paragraph 11 of the Agreement shall be deemed an Event of Default by Seller or Buyer, as the case may be)accordingly.

Interpretation of Terms. All references to “"Seller” " or “"Buyer”", as the case may be, in the Agreement shall, subject to the provisions of this Annex IV I (including, among other provisions, the limitations on Agent’s 's liability in Paragraph Section 3 of this Annex IVI), be construed to reflect that (i) each Principal shall have, in connection with any Transaction or Transactions entered into by Agent on its behalf, the rights, responsibilities, privileges and obligations of a “"Seller” " or “"Buyer”", as the case may be, directly entering into such Transaction or Transactions with the other party under the Agreement, and (ii) Agent’s 's Principal or Principals have designated Agent as their sole agent for performance of Seller’s 's obligations to Buyer or Buyer’s 's obligations to Seller, as the case may be, and for receipt of performance by Buyer of its obligations to Seller or Seller of its obligations to Buyer, as the case may be, in connection with any Transaction or Transactions under the Agreement (including, among other things, as Agent for each Principal in connection with transfers of Securities, cash or other property and as agent for giving and receiving all notices under the Agreement). Both Agent and its Principal or Principals shall be deemed “"parties” " to the Agreement and all references to a “"party” " or “"either party” " in the Agreement shall be deemed revised accordingly accordingly. MONTHLY CERTIFICATION I, _________________ , _________________ of ABFS REPO 2001, Inc. (the "Company"), do hereby certify that the Company is in compliance with all provisions and any Act of Insolvency with respect to Agent or any other Event of Default by Agent under Paragraph 11 terms of the Agreement shall be deemed an Event Master Repurchase Agreement, dated as of Default November 16, 2001, by Seller or Buyer, as and between Credit Suisse First Boston Mortgage Capital LLC and the case may be)Company.

Interpretation of Terms. All references to “SellerLender” or “Buyer”, Borrower,” as the case may be, in the Agreement shall, subject to the provisions of this Annex IV (including, among other provisions, the limitations on Agent’s liability in Paragraph Section 3 of this Annex IVAnnex), be construed to reflect that (i) each Principal shall have, in connection with any Transaction Loan or Transactions Loans entered into by Agent on its behalf, the rights, responsibilities, privileges and obligations of a “SellerLender” or “Buyer”, Borrower,” as the case may be, directly entering into such Transaction Loan or Transactions Loans with the other party under the Agreement, and (ii) Agent’s Principal or Principals have designated Agent as their sole agent for performance of SellerLender’s obligations to Buyer Borrower or BuyerBorrower’s obligations to SellerLender, as the case may be, and for receipt of performance by Buyer Borrower of its obligations to Seller Lender or Seller Lender of its obligations to BuyerBorrower, as the case may be, in connection with any Transaction Loan or Transactions Loans under the Agreement (including, among other things, as Agent for each Principal in connection with transfers of Securitiessecurities, cash or other property and as agent for giving and receiving all notices under the Agreement). Both Agent and its Principal or Principals shall be deemed “parties” to the Agreement and all references to a “party” or “either party” in the Agreement shall be deemed revised accordingly (and any Act of Insolvency with respect to Agent or any other Event of 2000 Master Securities Loan Agreement• AI-2 Default by Agent under Paragraph 11 of the Agreement shall be deemed an Event of a Default by Seller Lender or BuyerBorrower, as the case may be).. Title: l Date: By: Title: Date:

Interpretation of Terms. All references to “SellerBuyer” or “Buyer”, as the case may be, in the Agreement shall, subject to the provisions of this Annex IV I (including, among other provisions, the limitations on Agent’s liability in Paragraph Section 3 of this Annex IV1), be construed to reflect that (i) each Principal shall have, in connection with any Transaction or Transactions entered into by Agent on its behalf, the rights, responsibilities, privileges and obligations of a “Seller” or “Buyer”, as the case may be, directly entering into such Transaction or Transactions with the other party under the Agreement, and (ii) Agent’s Principal or Principals have designated Agent as their sole agent for performance of Seller’s obligations to Buyer or Buyer’s obligations to Seller, as the case may be, Seller and for receipt of performance by Buyer of its obligations to Seller or Seller of its obligations to Buyer, as the case may be, Buyer in connection with any Transaction or Transactions under the Agreement (including, among other things, as Agent for each Principal in connection with transfers of SecuritiesAssets, securities, cash or other property and as agent for giving and receiving all notices under the Agreement). Both Agent and its Principal or Principals shall be deemed “parties” to the Agreement and all references to a “party” or “either party” in the Agreement shall be deemed revised accordingly (and any Act of Insolvency with respect accordingly. As to Agent or any other Event of Default by Agent under Paragraph 11 of the Agreement each Asset that is subject to a Transaction hereunder, Seller shall be deemed an Event to make the following representations and warranties to Buyer as of Default by Seller or Buyer, the Purchase Date and as the case may be).of each date such Asset is subject to a Transaction:

Interpretation of Terms. All references to “Seller” or “Buyer”, as the case may be, in the Agreement shall, subject to the provisions of this Annex IV Section 41 (including, among other provisions, the limitations on Administrative Agent’s liability in Paragraph 3 Subsection c of this Annex IVSection 41), be construed to reflect that (i) each Principal shall have, in connection with any Transaction or Transactions entered into by Administrative Agent on its behalf, the rights, responsibilities, privileges and obligations of a “Seller” or “Buyer”, as the case may be, directly entering into such Transaction or Transactions with the other party under the Agreement, and (ii) Administrative Agent’s Principal or Principals have designated Administrative Agent as their sole agent for performance of Seller’s Sellers’ obligations to Buyer Buyers or Buyer’s Buyers’ obligations to SellerSellers, as the case may be, and for receipt of performance by Buyer Buyers of their obligations to Sellers or Sellers of its obligations to Seller or Seller of its obligations to BuyerBuyers, as the case may be, in connection with any Transaction or Transactions under the Agreement (including, among other things, as Administrative Agent for each Principal in connection with transfers of Securities, cash or other property and as agent for giving and receiving all notices under the Agreement). Both Administrative Agent and its Principal or Principals shall be deemed “parties” to the Agreement and all references to a “party” or “either party” in the Agreement shall be deemed revised accordingly (and any Act of Insolvency with respect to Agent or any other Event of Default by Agent under Paragraph 11 of the Agreement shall be deemed an Event of Default by Seller or Buyer, as the case may be)accordingly.

Interpretation of Terms. All references to “"Seller” " or “"Buyer”", as the case may be, in the Agreement shall, subject to the provisions of this Annex IV I (including, among other provisions, the limitations on Agent’s 's liability in Paragraph Section 3 of this Annex IV1), be construed to reflect that (i) each Principal shall have, in connection with any Transaction or Transactions entered into by Agent on its behalf, the rights, responsibilities, privileges and obligations of a “"Seller” " or “"Buyer”", as the case may be, directly entering into such Transaction or Transactions with the other party under the Agreement, and (ii) Agent’s 's Principal or Principals have designated Agent as their sole agent for performance of Seller’s 's obligations to Buyer or Buyer’s 's obligations to Seller, as the case may be, and for receipt of performance by Buyer of its obligations to Seller or Seller of its obligations to Buyer, as the case may be, in connection with any Transaction or Transactions under the Agreement (including, among other things, as Agent for each Principal in connection with transfers of Securities, cash or other property and as agent for giving and receiving all notices under the Agreement). Both Agent and its Principal or Principals shall be deemed “"parties” " to the Agreement and all references to a “"party” " or “"either party” " in the Agreement shall be deemed revised accordingly accordingly. EXHIBIT A-1 FORM OF MONTHLY CERTIFICATION I, _______________________, _______________________ of New Century Mortgage Corporation as administrator of New Century Funding SB-1 (the "Company"), do hereby certify that the Company is in compliance with all provisions and any Act of Insolvency with respect to Agent or any other Event of Default by Agent under Paragraph 11 terms of the Agreement shall be deemed an Event Master Repurchase Agreement, dated as of Default May 30, 2002, by Seller or Buyer, as and between Salomon Brothers Realty Corp. and the case may be)Company.

Interpretation of Terms. All references to “Seller” or “Buyer”, as the case may be, in the Agreement shall, subject to the provisions of this Annex IV I (including, among other provisions, the limitations on Agent’s liability in Paragraph Section 3 of this Annex IVI), be construed to reflect that (i) each Principal shall have, in connection with any Transaction or Transactions entered into by Agent on its behalf, the rights, responsibilities, privileges and obligations of a “Seller” or “Buyer”, as the case may be, directly entering into such Transaction or Transactions with the other party under the Agreement, and (ii) Agent’s Principal or Principals have designated Agent as their sole agent for performance of Seller’s obligations to Buyer or Buyer’s obligations to Seller, as the case may be, and for receipt of performance by Buyer of its obligations to Seller or Seller of its obligations to Buyer, as the case may be, in connection with any Transaction or Transactions under the Agreement (including, among other things, as Agent for each Principal in connection with transfers of Securities, cash or other property and as agent for giving and receiving all notices under the Agreement). Both Agent and its Principal or Principals shall be deemed “parties” to the Agreement and all references to a “party” or “either party” in the Agreement shall be deemed revised accordingly (and any Act of Insolvency with respect to Agent or any other Event of Default by Agent under Paragraph 11 of the Agreement shall be deemed an Event of Default by Seller or Buyer, as the case may be)accordingly.

Interpretation of Terms. All references to “SellerBuyer” or “Buyer”, as the case may be, in the Agreement shall, subject to the provisions of this Annex IV I (including, among other provisions, the limitations on Agent’s liability in Paragraph Section 3 of this Annex IV1), be construed to reflect that (i) each Principal shall have, in connection with any Transaction or Transactions entered into by Agent on its behalf, the rights, responsibilities, privileges and obligations of a “Seller” or “Buyer”, as the case may be, directly entering into such Transaction or Transactions with the other party under the Agreement, and (ii) Agent’s Principal or Principals have designated Agent as their sole agent for performance of Seller’s obligations to Buyer or Buyer’s obligations to Seller, as the case may be, Seller and for receipt of performance by Buyer of its obligations to Seller or Seller of its obligations to Buyer, as the case may be, Buyer in connection with any Transaction or Transactions under the Agreement (including, among other things, as Agent for each Principal in connection with transfers of SecuritiesAssets, securities, cash or other property and as agent for giving and receiving all notices under the Agreement). Both Agent and its Principal or Principals shall be deemed “parties” to the Agreement and all references to a “party” or “either party” in the Agreement shall be deemed revised accordingly accordingly. As to each Asset that is subject to a Transaction hereunder, Seller shall be deemed to make the following representations and warranties to Buyer as of the Purchase Date and as of each date such Asset is subject to a Transaction: (and any Act of Insolvency a) Loans as Described. The information set forth in the Asset Schedule with respect to Agent or any other Event of Default by Agent under Paragraph 11 of the Agreement shall be deemed an Event of Default by Seller or BuyerLoan is complete, as the case may be)true and correct in all material respects.

Interpretation of Terms. All references to “"Seller” " or “"Buyer”", as the case may be, in the Agreement shall, subject to the provisions of this Annex IV (including, among other provisions, the limitations on Agent’s 's liability in Paragraph 3 of this Annex IV), be construed to reflect that (i) each Principal shall have, in connection with any Transaction or Transactions entered into by Agent on its behalf, the rights, responsibilities, privileges and obligations of a “Seller” or “Buyer”, as the case may be, directly entering into such Transaction or Transactions with the other party under the Agreement, and (ii) Agent’s 's Principal or Principals have designated Agent as their sole agent for performance of Seller’s 's obligations to Buyer or Buyer’s buyer's obligations to Seller, as the case may be, and for receipt of performance by Buyer of its obligations to Seller or Seller of its obligations to Buyer, as the case may be, in connection with any Transaction or Transactions under the Agreement (including, among other things, as Agent for each Principal in connection with transfers of Securities, cash or other property and as agent for giving and receiving all notices under the Agreement). Both Agent and its Principal or Principals shall be deemed “"parties” " to the Agreement and all references to a “"party” " or “"either party” " in the Agreement shall be deemed revised accordingly (and any Act of Insolvency with respect to Agent or any other Event of Default by Agent under Paragraph 11 of the Agreement shall be deemed an Event of Default by Seller or Buyer, as the case may be).. 22 ANNEX V

Interpretation of Terms. All references to “Seller” or “‘Buyer”, ” as the case may be, in the Agreement shall, subject to the provisions of this Annex IV (including, among other provisions, the limitations on Agent’s liability in Paragraph 3 of this Annex IV), be construed to reflect that (i) each Principal shall have, in connection with any Transaction or Transactions entered into by Agent on its behalf, the rights, responsibilities, privileges and obligations of a “Seller” or “Buyer”, as the case may be, directly entering into such Transaction or Transactions with the other party under the Agreement, and (ii) Agent’s Principal or Principals have designated Agent as their sole agent for performance of Seller’s obligations to Buyer or Buyer’s obligations to Seller, as the case may be, and for receipt of performance by Buyer of its obligations 30 § September 1996 § Master Repurchase Agreement to Seller or Seller of its obligations to Buyer, as the case may be, in connection with any Transaction or Transactions under the Agreement (including, among other things, as Agent for each Principal in connection with transfers of Securities, cash or other property and as agent for giving and receiving all notices under the Agreement). Both Agent and its Principal or Principals shall be deemed “parties” to the Agreement and all references to a “party” or “either party” in the Agreement shall be deemed revised accordingly (and any Act of Insolvency with respect to Agent or any other Event of Default by Agent under Paragraph 11 of the Agreement shall be deemed an Event of Default by Seller or Buyer, as the case may be).. 31 § September 1996 § Master Repurchase Agreement

Interpretation of Terms. All references to “"Seller” " or “"Buyer”", as the case may be, in the Agreement shall, subject to the provisions of this Annex IV I (including, among other provisions, the limitations on Agent’s 's liability in Paragraph 3 of this Annex IVI), be construed to reflect that (i) each Principal shall have, in connection with any Transaction or Transactions entered into by Agent on its behalf, the rights, responsibilities, privileges and obligations of a “"Seller” " or “"Buyer”", as the case may be, directly entering into such Transaction or Transactions with the other party under the Agreement, and (ii) Agent’s 's Principal or Principals have designated Agent as their sole agent for performance of Seller’s 's obligations to Buyer or Buyer’s 's obligations to Seller, as the case may be, and for receipt of performance by Buyer of its obligations to Seller or Seller of its obligations to Buyer, as the case may be, in connection with any Transaction or Transactions under the Agreement (including, among other things, as Agent for each Principal in connection with transfers of Securities, cash or other property and as agent for giving and receiving all notices under the Agreement). Both Agent and its Principal or Principals shall be deemed “"parties” " to the Agreement and all references to a “"party” " or “"either party” " in the Agreement shall be deemed revised accordingly (and any Act of Insolvency with respect to Agent or any other Event of Default by Agent under Paragraph 11 of the Agreement shall be deemed an Event of Default by Seller or Buyer, as the case may be)accordingly.

Interpretation of Terms. All references to “Seller” or “Buyer”, as the case may be, in the Agreement shall, subject to the provisions of this Annex IV (including, among other provisions, the limitations on Agentthe Investment Manager’s liability in Paragraph 3 2 of this Annex IV), be construed to reflect that (i) each Principal CSE shall have, in connection with any Transaction or Transactions entered into by Agent the Investment Manager on its behalf, the rights, responsibilities, privileges and obligations of a “Seller” or “Buyer”, as the case may be, directly entering into such Transaction or Transactions with the other party under the Agreement, and (ii) Agent’s Principal or Principals have CSE has designated Agent the Investment Manager as their its sole agent Investment Manager for performance of Seller’s obligations to Buyer or Buyer’s obligations to Seller, as the case may be, and for receipt of performance by Buyer of its obligations to Seller or Seller of its obligations to Buyer, as the case may be, in connection with any Transaction or Transactions under the Agreement (including, among other things, as Agent Investment Manager for each Principal CSE in connection with transfers of Securities, cash or other property and as agent the Investment Manager for giving and receiving all notices under the Agreement). Both Agent the Investment Manager and its Principal or Principals CSE shall be deemed “parties” to the Agreement and all references to a “party” or “either party” in the Agreement shall be deemed revised accordingly (and excluding any Act of Insolvency with respect to Agent or any other Investment Manager). An Event of Default by Agent Investment Manager under Paragraph 11 of the Agreement shall be deemed an Event of Default by Seller or Buyer, as the case may be).11

Interpretation of Terms. All references to “Seller” or “Buyer”, as the case may be, in the Agreement shall, subject to the provisions of this Annex IV (including, among other provisions, the limitations on Agent’s liability in Paragraph 3 of this Annex IV), be construed to reflect that (i) each Principal shall have, in connection with any Transaction or Transactions entered into by Agent on its behalf, the rights, responsibilities, privileges and obligations of a “Seller” or “Buyer”, as the case may be, directly entering into such Transaction or Transactions with the other party under the Agreement, and (ii) Agent’s Principal or Principals have designated Agent as their sole agent for performance of Seller’s obligations to Buyer or Buyer’s obligations to Seller, as the case may be, and for receipt of performance by Buyer of its obligations to Seller or Seller of its obligations to Buyer, as the case may be, in connection with any Transaction or Transactions under the Agreement (including, among other things, as Agent for each Principal in connection with transfers of Securities, cash or other property and as agent for giving and receiving all notices under the Agreement). Both Agent and its Principal or Principals shall be deemed “parties” to the Agreement and all references to a “party” or “either party” in the Agreement shall be deemed revised accordingly (and any Act of Insolvency with respect to Agent or any other Event of Default by Agent under Paragraph 11 of the Agreement shall be deemed an Event of Default by Seller or Buyer, as the case may be).. Annex V