Common use of The Commitment Clause in Contracts

The Commitment. (a) Subject to the terms and conditions of this Agreement and provided no Event of Default has occurred and no Default has occurred and is continuing, the Bank agrees, from time to time during the period from the date hereof to the Maturity Date (unless such period is earlier determined pursuant hereto) make Advances to, or on behalf of the Borrower or its designee, provided the total aggregate principal amount which is outstanding at any one time of all such Advances shall not exceed Three Million and No/100 Dollars ($3,000,000.00). The obligation of the Bank to make Advances hereunder up to such limits is hereinafter referred to as the "Commitment". Within the Commitment, the ---------- Borrower may borrow, repay and reborrow. Notwithstanding the foregoing, the Bank shall not be obligated to make Advances hereunder at all or up to any specified aggregate limit unless the Borrower elects to pay the Commitment Fee specified in Section 2.11 hereof, in which event this Agreement shall govern any ------------ Advances that the Bank from time to time elects in its sole discretion to make to the Borrower. (b) Advances shall be used by the Borrower solely for the purpose of funding the working capital requirements of Borrower and shall be made at the request of the Borrower, in the manner hereinafter provided in Section 2.2, against the pledge of Eligible Collateral. -----------

The Commitment. (a) Subject to the terms and conditions of this Agreement and provided no Event of Default has occurred and no Default has occurred and is continuing, the Bank agrees, from time to time during the period from the date hereof to the Maturity Date expiration date (unless such period is earlier determined pursuant hereto) make Advances to, or on behalf of the Borrower Company or its designee, provided the total aggregate principal amount which is (i) outstanding at any one time of all such Advances shall not exceed Three Five Million and No/100 Dollars ($3,000,000.00)5,000,000) and (ii) advanced in any one (1) day shall not exceed Two Million Five Hundred Thousand Dollars ($2,500,000) without written request by the Company and subsequent approval by an officer of the Bank. The obligation of the Bank to make Advances hereunder up to such limits or the amount to which such limit may be reduced pursuant to Section 2.7(b) hereof, is hereinafter referred to as the "Commitment". Within the Commitment, the ---------- Borrower Company may borrow, repay and reborrow. Notwithstanding the foregoing, the Bank shall not be obligated to make Advances hereunder at all or up to any specified aggregate limit unless the Borrower Company elects to pay the Commitment Fee specified in Section 2.11 2.9 hereof, in which event this Agreement shall govern any ------------ Advances that the Bank from time to time elects in its sole discretion to make to the BorrowerCompany. (b) Advances shall be used by the Borrower Company solely for the purpose of funding the working capital requirements origination of Borrower Mortgage Loans and shall be made at the request of the BorrowerCompany, in the manner hereinafter provided in Section 2.2, against the pledge of Eligible Collateralsuch Mortgage Loans. -----------No Advance shall be made against any Mortgage Loan which is not covered by a Purchase Commitment. Such Purchase Commitment shall include a direction by the Company to the Investor of such Mortgage Loan to pay the purchase price of such Mortgage Loan to the Bank.

The Commitment. (a) Subject to the terms and conditions of this Agreement and provided no Default or Event of Default has occurred and no Default has occurred and is continuing, the Bank agrees, Lender agrees from time to time during the period from the date hereof to Closing Date to, but not including, the Maturity Date (unless such period is earlier determined pursuant hereto) to make Term Loan Advances to, or on behalf of to the Borrower or its designeeBorrower, provided the total aggregate principal amount which is outstanding at any one time of all such Advances shall not exceed Three Million and No/100 Dollars ($3,000,000.00)the Commitment Amount. The obligation of the Bank Lender to make Advances hereunder up to such limits the Commitment Amount is hereinafter referred to as the "Commitment". Within ." Amounts repaid on the Commitment, the ---------- Borrower Advances may borrow, repay and reborrow. Notwithstanding the foregoing, the Bank shall not be obligated to make re- borrowed. All Advances hereunder at all or up to any specified aggregate limit unless the Borrower elects to pay the Commitment Fee specified in Section 2.11 hereof, in which event under this Agreement shall govern any ------------ Advances that constitute a single indebtedness, and all of the Bank from time to time elects in its sole discretion to make to Collateral shall be security for the BorrowerPromissory Note and for the performance of all the Obligations. (b) Advances shall be used by the Borrower solely for the purpose of funding (i) refinancing Debt outstanding against the working capital requirements Pledged Certificates, (ii) paying liabilities of Borrower the Guarantor in connection with the financing of certain assets of the Guarantor that are being liquidated, (iii) general corporate purposes, and (iv) paying the Commitment Fee, and shall be made at the request of the Borrower, in the manner hereinafter provided in Section 2.22.4 hereof. The following limitations on the Advances shall be applicable: (1) No Advance shall be made if, against after giving effect thereto, the pledge aggregate outstanding principal balance of Eligible Collateral. -----------the Advances would exceed the Residual Interest Collateral Value as of the date of such Advance.

The Commitment. (a) Subject to the terms and conditions of this Agreement and provided no Default or Event of Default has occurred and no Default has occurred and is continuing, the Bank Lender agrees, from time to time during the period from the date hereof to and including the Maturity Date (unless such period is earlier determined pursuant hereto) Termination Date, to make Advances to, or on behalf of to the Borrower or its designeeCompany, provided the sum of the total aggregate principal amount which is outstanding at any one time of all such Advances plus the aggregate Purchase Prices of all Securities which have not been repurchased by the Company under the Master Repurchase Agreement shall not exceed Three Million and No/100 Dollars FORTY MILLION AND NO/100 DOLLARS ($3,000,000.0040,000,000.00). The obligation of the Bank Lender to make Advances hereunder up to such limits limit is hereinafter referred to as the "Commitment". ." Within the Commitment, the ---------- Borrower Company may borrow, repay and reborrow. Notwithstanding the foregoing, the Bank shall not be obligated to make All Advances hereunder at all or up to any specified aggregate limit unless the Borrower elects to pay the Commitment Fee specified in Section 2.11 hereof, in which event under this Agreement shall govern any ------------ Advances that constitute a single indebtedness, and all of the Bank from time to time elects in its sole discretion to make Collateral shall be security for the Note and for the performance of all the Obligations of the Company to the BorrowerLender. Notwithstanding anything contained herein to the contrary or otherwise, each purchase of Securities by the Lender under the Master Repurchase Agreement will automatically reduce by the amount of the purchase price for such Securities, dollar for dollar, the principal amount available to be borrowed within the Commitment for so long as that purchase is outstanding under the Master Repurchase Agreement. (b) Advances shall be used by the Borrower Company solely for the purpose of funding the working capital requirements acquisition or origination of Borrower Mortgage Loans, as specified in the Advance Request and none other, and shall be made at the request of the Borrower, Company in the manner hereinafter provided in Section 2.2, against the pledge of such Mortgage Loans and such other collateral as is set forth in Section 3.1 hereof as Collateral therefor. Advances shall also be subject to the following restrictions: (1) No Advance shall be made against Mortgage Loans which are not Eligible Collateral. -----------Mortgage Loans. (2) The aggregate amount of Wet Settlement Advances outstanding at any one time shall not exceed FOUR MILLION AND NO/100 DOLLARS ($4,000,000.00). (3) The aggregate amount of Advances against Second Mortgage Loans outstanding at any one time shall not exceed FOUR MILLION AND NO/100 DOLLARS ($4,000,000.00). (4) The aggregate amount of Advances against Aged Mortgage Loans outstanding at any one time shall not exceed FOUR MILLION AND NO/100 DOLLARS ($4,000,000.00). (c) No Advance against a Mortgage Loan shall exceed an amount equal to 99% of the Collateral Value of such Mortgage Loan, to be determined as of the date such Mortgage Loan is pledged to Lender.

The Commitment. (a) Subject to the terms and conditions of this Agreement and provided no Default or Event of Default has occurred and no Default has occurred and is continuing, the Bank agrees, Lender agrees from time to time during the period from the date hereof Closing Date to, but not including, the Maturity Date, to make Advances to the Maturity Date (unless such period is earlier determined pursuant hereto) make Advances to, or on behalf of the Borrower or its designeeCompany, provided the total aggregate principal amount which is outstanding at any one time of all such Advances shall not exceed Three Million and No/100 Dollars ($3,000,000.00)the Commitment Amount. The obligation of the Bank Lender to make Advances hereunder up to such limits the Commitment Amount is hereinafter referred to as the "Commitment". ." Within the Commitment, the ---------- Borrower Company may borrow, repay and reborrow. Notwithstanding Effective as of the foregoingdate of this Agreement, all outstanding loans made pursuant to the Bank Warehousing Credit and Security Agreement shall not for all purposes be obligated deemed to make be Advances hereunder at all or up to any specified aggregate limit unless the Borrower elects to pay the Commitment Fee specified in Section 2.11 hereof, in which event made under this Agreement. All Advances under this Agreement shall govern any ------------ Advances that constitute a single indebtedness, and all of the Bank from time to time elects in its sole discretion to make to Collateral shall be security for the BorrowerNote and for the performance of all the Obligations. (b) Advances shall be used by the Borrower Company solely for the purpose of funding the working capital requirements acquisition or origination of Borrower Eligible Loans and shall be made at the request of the BorrowerCompany, in the manner hereinafter provided in Section 2.22.2 hereof, against the pledge of such Eligible CollateralLoans as Collateral therefor. -----------The limitations on the use of Advances set forth on EXHIBIT M attached hereto and made a part hereof shall be applicable. In addition, the following limitations on the use of Advances shall be applicable: (1) No Advance shall be made against any Mortgage Loan which was closed more than 90 days prior to the date of the requested Advance. (2) No Advance shall be made against a Mortgage Loan other than a Mortgage Loan secured by a Mortgage on real property located in one of the states of the United States or the District of Columbia. (c) No Advance shall exceed the following amount applicable to the type of Eligible Loan at the time it is pledged to secure an Advance hereunder: (1) For an Eligible Loan pledged hereunder, the amount set forth on EXHIBIT M attached hereto and made a part hereof.

The Commitment. (a) Subject to the terms and conditions of this Agreement and provided no Event of Default has occurred and no Default has occurred and is continuing, the Bank Lender agrees, from time to time during the period from the date hereof to the Maturity Date expiration date (unless such period is earlier determined pursuant hereto) make Advances to, or on behalf of to the Borrower or its designeeCompany, provided the total aggregate principal amount which is outstanding at any one time of all such Advances shall not exceed Three Fifteen Million and No/100 Dollars ($3,000,000.0015,000,000). The obligation of the Bank Lender to make Advances hereunder up to such limits limit or the amount to which such limit may be reduced pursuant to Section ------- 2.7(b) hereof, is hereinafter referred to as the "Commitment". Within the ------ Commitment, the ---------- Borrower Company may borrow, repay and reborrow. Notwithstanding the foregoing, the Bank shall not be obligated to make Advances hereunder at all or up to any specified aggregate limit unless the Borrower elects to pay the Commitment Fee specified in Section 2.11 hereof, in which event this Agreement shall govern any ------------ Advances that the Bank from time to time elects in its sole discretion to make to the Borrower. (b) Advances shall be used by the Borrower Company solely for the purpose of funding the working capital requirements origination and/or purchase of Borrower Mortgage Loans and shall be made at the request of the BorrowerCompany, in the manner hereinafter provided in Section 2.2, ----------- against the pledge of Eligible Collateralsuch Mortgage Loans. -----------No Advance shall be made against any Mortgage Loan which is not covered by a Purchase Commitment. Such Purchase Commitment shall include a direction by the Company to the Investor of such Mortgage Loan to pay the purchase price of such Mortgage Loan to the Lender. (c) Each Advance shall cover only one Mortgage Loan. No Advance shall exceed the Collateral Value of the related Mortgage Loan for which the Advance is made, unless such excess is collateralized by cash in a restricted cash and collateral account with the Lender. (d) The aggregate amount of all outstanding Advances funded through Wet Settlements shall not, at any time, exceed $3,000,000.

The Commitment. (a) Subject to the terms and conditions of this Agreement and provided no Default or Event of Default has occurred and no Default has occurred and is continuing, the Bank Lender agrees, from time to time during the period from the date hereof to and including the Maturity Date (unless such period is earlier determined pursuant hereto) Termination Date, to make Advances to, or on behalf of to the Borrower or its designeeCompany, provided the total aggregate principal amount which is outstanding at any one time of all such Advances shall not exceed Three Million and No/100 Dollars FORTY MILLION DOLLARS ($3,000,000.00)40,000,000.00) at any time after the date hereof. The obligation of the Bank Lender to make Advances hereunder up to such limits limit is hereinafter referred to as the "Commitment". ." Within the Commitment, the ---------- Borrower Company may borrow, repay repay, and reborrow. Notwithstanding the foregoing, the Bank shall not be obligated to make All Advances hereunder at all or up to any specified aggregate limit unless the Borrower elects to pay the Commitment Fee specified in Section 2.11 hereof, in which event under this Agreement shall govern any ------------ Advances that constitute a single indebtedness, and all of the Bank from time to time elects in its sole discretion to make Collateral shall be security for the Note and for the performance of all the Obligations of the Company to the BorrowerLender. (b) Advances shall be used by the Borrower Company solely for the purpose of funding or purchasing and/or funding Residential Construction Loans, Residential A&D Loans, Consumer Construction Loans, Consumer Lot Loans, and Commercial Mortgage Loans, as specified in the working capital requirements of Borrower Request for Advance, and none other, and shall be made at the request of the Borrower, Company in the manner hereinafter provided in Section 2.2, against the pledge of such Residential Construction Loans, Residential A&D Loans, Consumer Construction Loans, Consumer Lot Loans, and Commercial Mortgage Loans, as the case may be, and such other collateral as is set forth in section 3.1 hereof as Collateral therefor. Advances shall also be subject to the following restrictions: (1) No Advance shall be made against a Residential Construction Loan, a Residential A&D Loan, an Aged Loan, a Consumer Construction Loan, or a Consumer Lot Loan that is not an Eligible CollateralConstruction Loan. (2) No Advance shall be made against a Commercial Mortgage Loan that is not an Eligible Commercial Loan. (3) The aggregate amount of all Advances against Residential Construction Loans outstanding at any one time shall not exceed FORTY MILLION AND NO/100 DOLLARS ($40,000,000/00). -----------The aggregate face amount of all Residential Construction Loans in respect of which an Advance has been made by the Lender hereunder shall not exceed in the aggregate Eighty Million and No/100 Dollars ($80,000,000.00). (4) The aggregate amount of all Advances against Model Homes under all Residential Construction Loans outstanding at any one time shall not exceed Six Million and No/100 Dollars ($6,000,000.00). The aggregate face amount of all Residential Construction Loans for Model Homes in respect of which an Advance has been made by the Lender hereunder shall not exceed in the aggregate Twelve Million and No/100 Dollars ($12,000,000.00). (5) The aggregate amount of all Advances against Speculative Homes under all Residential Construction Loans outstanding at any one time shall not exceed Sixteen Million and No/100 Dollars ($16,000 000.00). The aggregate face amount of all Residential Construction Loans for Speculative Homes in respect of which an Advance has been made by the Lender hereunder shall not exceed in the aggregate Thirty-two Million and No/100 Dollars ($32,000,000.00). (6) The aggregate amount of all Advances against Residential A&D Loans and Commercial Mortgage Loans outstanding at any one time shall not exceed Eight Million and No/100 Dollars ($8,000,000.00); provided, however, that in no event shall the aggregate amount of Advances outstanding against Commercial Mortgage Loans exceed Four Million Dollars ($4,000,000). The aggregate face amount of all Residential A&D Loans and Commercial Mortgage Loans in respect of which an Advance has been made by the Lender hereunder shall not exceed in the aggregate Sixteen Million and No/100 Dollars ($16,000,000.00); provided, however, that in no event shall the aggregate face amount of all Commercial Mortgage Loans in respect of which an Advance has been made by lender exceed in the aggregate Eight Million Dollars ($8,000,000). (7) The aggregate amount of all Advances against Residential A&D Loans, Model Homes, and Speculative Homes outstanding at any one time shall not exceed Twenty Million and No/100 Dollars ($20,000,000.00). The aggregate face amount of all Residential A&D Loans in respect of which an Advance has been made by the Lender hereunder shall not exceed in the aggregate Forty Million and No/100 Dollars ($40,000,000.00). (8) The aggregate amount of all Advances against Aged Loans (that are not Commercial Mortgage Loans) outstanding at any one time shall not exceed Six Million and No/100 Dollars ($6,000,000.00). The aggregate face amount of all Aged Loans (that are not Commercial Mortgage Loans) in respect of which an Advance has been made by the Lender hereunder shall not exceed in the aggregate Twelve Million and No/100 Dollars ($12,000,000.00). (9) The aggregate amount of all Advances against Aged Loans (that are Commercial Mortgage Loans) outstanding at any one time shall not exceed One Million and No/100 Dollars ($1,000,000.00). The aggregate face amount of all Aged Loans (that are Commercial Mortgage Loans) in respect of which an Advance has been made by the Lender hereunder shall not exceed in the aggregate Two Million and No/100 Dollars ($2,000,000.00). (10) The aggregate amount of all Advances against Consumer Construction Loans and Consumer Lot Loans outstanding at any one time shall not exceed Four Million and No/100 Dollars ($4,000,000.00). The aggregate face amount of all Consumer Construction Loans and Consumer Lot Loans in respect of which an Advance has been made by the Lender hereunder shall not exceed in the aggregate Eight Million and No/100 Dollars ($8,000,000.00). (c) No Advance shall exceed the following amounts applicable to the type of Collateral acquired with proceeds of the Advance, determined as of the date the Collateral is pledged to Lender: (1) with respect to Residential Construction Loans, no Advance shall exceed an amount equal to ninety percent (90%) of the amount of the Construction Loan Advance under such residential Construction Loan to be funded from the proceeds of the Advance. (2) with respect to any Residential A&D Loans that has a loan-to-value ratio equal to or less than 70% and a loan-to-cost ratio equal to or less than 90%, no Advance shall exceed an amount equal to ninety percent (90%) of the amount of the Construction Loan Advance under such Residential A&D Loan to be funded from the proceeds of the Advance. (3) with respect to Residential A&D Loans that exceed the ratios set forth in Section 2.1(c)(2) above, no Advance shall exceed an amount equal to eighty percent (80%) of the amount of the Construction Loan Advance under such Residential A&D Loan to be funded from the proceeds of the Advance. (4) with respect to Commercial Mortgage Loans, no Advance shall exceed an amount equal to 75% of the Loan Value of such Commercial Mortgage Loan. (5) with respect to Aged Loans that are not Commercial Mortgage Loans, no Advance shall exceed an amount equal to sixty-five percent (65%) of the principal amount outstanding of such Aged Loan prior to any principal reductions required and received by the Company from its borrower. (6) with respect to Aged Mortgage Loans that are Commercial Mortgage Loans, no Advance shall exceed an amount equal to sixty-five percent (65%) of the Loan Value of such Commercial Mortgage Loan, prior to any principal reductions required and received by the Company from its borrower. (7) with respect to Consumer Lot Loans, no Advance shall exceed an amount equal to eighty percent (80%) of the amount of the Advance made by the Company under such Consumer Lot Loan to be funded from the proceeds of the Advance. (8) with respect to Consumer Construction Loans, no Advance shall exceed an amount equal to ninety percent (90%) of the amount of the Advance made by the Company under such Consumer Construction Loan to be funded from the proceeds of the Advance. (9) with respect to Aged Loans that are Acquired Loans and that have been included in Collateral for more than 450 days but less than 720 days, no Advance shall exceed an amount equal to 50% of the principal amount outstanding of such Aged Loan as of December 30, 1997. (c) Section 2.4(a)(3) is amended to read as follows:

The Commitment. (a) Subject to the terms and conditions of this Agreement and provided no Default or Event of Default has occurred and no Default has occurred and is continuing, the Bank Lender agrees, from time to time during the period from the date hereof to and including the Maturity Date (unless such period is earlier determined pursuant hereto) Termination Date, to make Advances to, or on behalf of to the Borrower or its designeeCompany, provided the sum of the total aggregate principal amount which is outstanding at any one time of all such Advances shall not exceed Three Million and No/100 Dollars TWENTY-FIVE MILLION AND NO/100 DOLLARS ($3,000,000.0025,000,000.00). The obligation of the Bank Lender to make Advances hereunder up to such limits limit is hereinafter referred to as the "Commitment". ." Within the Commitment, the ---------- Borrower Company may borrow, repay and reborrow. Notwithstanding the foregoing, the Bank shall not be obligated to make All Advances hereunder at all or up to any specified aggregate limit unless the Borrower elects to pay the Commitment Fee specified in Section 2.11 hereof, in which event under this Agreement shall govern any ------------ Advances that constitute a single indebtedness, and all of the Bank from time to time elects in its sole discretion to make Collateral shall be security for the Note and for the performance of all the Obligations of the Company to the BorrowerLender. (b) Advances shall be used by the Borrower Company solely for the purpose of funding the working capital requirements acquisition or origination of Borrower Eligible Mortgage Loans, as specified in the Advance Request and none other, and shall be made at the request of the Borrower, Company in the manner hereinafter provided in Section 2.2, against the pledge of such Mortgage Loans and such other collateral as is set forth in Section 3.1 hereof as Collateral therefor. Advances shall also be subject to the following restrictions: (1) No Advance shall be made against Mortgage Loans which are not Eligible Mortgage Loans. (2) The aggregate amount of Wet Settlement Advances outstanding at any one time shall not exceed TEN MILLION AND NO/100 DOLLARS ($10,000,000.00). (3) The aggregate amount of Subwarehouse Mortgage Loan Advances outstanding at any one time shall not exceed TWO MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($2,500,000.00). (4) The aggregate amount of Aged Mortgage Loan Advances outstanding at any one time shall not exceed ONE MILLION AND NO/100 DOLLARS ($1,000,000.00) (5) The aggregate amount of Second Mortgage Loan Advances outstanding at any one time shall not exceed Seven million Dollars ($7,000,000). (c) No Advance shall exceed the following amounts applicable to the type of Collateral. -----------, determined as of the date the Collateral is pledged to Lender.

The Commitment. (a) Subject to the terms and conditions of this Agreement and provided no Default or Event of Default has occurred and no Default has occurred and is continuing, the Bank agrees, Lender agrees from time to time during the period from the date hereof Closing Date to, but not including, the Maturity Date, to make Advances to the Maturity Date (unless such period is earlier determined pursuant hereto) make Advances to, or on behalf of the Borrower or its designeeCompany, provided the total aggregate principal amount which is outstanding at any one time of all such Advances shall not exceed Three Million and No/100 Dollars ($3,000,000.00)the Commitment Amount. The obligation of the Bank Lender to make Advances hereunder up to such limits the Commitment Amount is hereinafter referred to as the "Commitment". ." Within the Commitment, the ---------- Borrower Company may borrow, repay and reborrow. Notwithstanding Effective as of the foregoingdate of this Agreement, all outstanding loans made pursuant to the Bank Existing Credit Agreement shall not for all purposes be obligated deemed to make be Advances hereunder at all or up to any specified aggregate limit unless the Borrower elects to pay the Commitment Fee specified in Section 2.11 hereof, in which event made under this Agreement. All previous Advances and new Advances under this Agreement shall govern any ------------ Advances that constitute a single indebtedness, and all of the Bank from time to time elects in its sole discretion to make to Collateral shall be security for the BorrowerNote and for the performance of all the Obligations. 2.1 (b) b Advances shall be used by the Borrower Company solely for the purpose of funding the working capital requirements acquisition or origination of Borrower Eligible Loans and shall be made at the request of the BorrowerCompany, in the manner hereinafter provided in Section 2.22.2 hereof, against the pledge of such Eligible CollateralLoans as Collateral therefor. -----------The limitations on the use of Advances set forth on Exhibit M attached hereto and made a part hereof shall be applicable. In addition, the following limitations on the use of Advances shall be applicable: (1) No Advance, other than a Construction/Permanent Advance or an Unimproved Advance, shall be made against any Mortgage Loan which was closed more than 90 days prior to the date of the requested Advance. (2) No Advance shall be made against a Mortgage Loan other than a Mortgage Loan secured by a Mortgage on real property located in one of the states of the United States or the District of Columbia. (3) No Advance shall be made against an Unimproved Mortgage Loan unless all payments which were due and payable under the related Unimproved Mortgage Loan on or prior to the date of such Advance have been made. (4) No Advance shall be made against an Unimproved Mortgage Loan secured by property intended for commercial development, if the Mortgage Note Amount exceeds 80% of the fair market value of such property as determined by the Lender in its reasonable judgement.

The Commitment. (a) Subject to the terms and conditions of this Agreement and provided no Default or Event of Default has occurred and no Default has occurred and is continuing, the Bank each Lender severally and not jointly agrees, from time to time during the period from the date hereof to and including the Maturity Date (unless such period is earlier determined pursuant hereto) Termination Date, to make Advances toto the Company, or on behalf provided, however, that (1) the sum of the Borrower or its designee, provided the total aggregate principal amount which is outstanding at any one time of all such Advances shall not exceed Three Million the Aggregate Commitment Amount, and No/100 Dollars ($3,000,000.00). The obligation 2) no Lender’s portion of the Bank to make Advances hereunder up to shall exceed such limits is hereinafter referred to as the "Commitment"Lender’s Commitment Amount. Within the Commitment, the ---------- Borrower Company may borrow, repay and reborrow. Notwithstanding the foregoing, the Bank shall not be obligated to make All Advances hereunder at all or up to any specified aggregate limit unless the Borrower elects to pay the Commitment Fee specified in Section 2.11 hereof, in which event under this Agreement shall govern any ------------ Advances that constitute a single indebtedness, and all of the Bank from time to time elects in its sole discretion to make to Collateral shall be security for the BorrowerNotes and for the performance of all the Obligations of the Company. (b) Advances shall be used by the Borrower Company solely for the purpose of funding the working capital requirements acquisition or origination of Borrower Eligible Mortgage Loans, as specified in the Advance Request, and none other, and shall be made at the request of the Borrower, Company in the manner hereinafter provided in Section 2.2, against the pledge of such Mortgage Loans, and such other collateral as is set forth in Section 3.1 hereof as Collateral therefor. Advances shall also be subject to the following restrictions: (1) No Advance shall be made against Mortgage Loans which are not Eligible Collateral. -----------Mortgage Loans. (2) The aggregate amount of Wet Settlement Advances outstanding at any one time shall not exceed the lesser of (i) TWENTY-FOUR MILLION AND NO/100 DOLLARS ($24,000,000.00) or (ii) forty-three percent (43%) of the Aggregate Commitment Amount. (3) The aggregate amount of Advances against Aged Mortgage Loans outstanding at any one time shall not exceed ONE MILLION AND NO/100 DOLLARS ($1,000,000.00). (4) The aggregate amount of Advances against HELOC Mortgage Loans outstanding at any one time shall not exceed TWO MILLION AND NO/100 DOLLARS ($2,000,000.00). (5) The aggregate amount of Advances against Repurchased Mortgage Loans outstanding at any one time shall not exceed FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000.00). (c) No Advance against an Eligible Mortgage Loan shall exceed the following amounts: (i) with respect to a Credit “A” Mortgage Loan that is not a Wamu Mortgage Loan, an amount equal to ninety-eight percent (98%) of the Collateral Value of such Mortgage Loan determined as of the date is pledged to the Agent; (ii) with respect to a Wamu Mortgage Loan, an amount equal to one hundred percent (100%) of the Collateral Value of such Mortgage Loan determined as of the date it is pledged to the Agent; (iii) with respect to a HELOC Mortgage Loan, an amount equal to ninety-six percent (96%) of the Collateral Value of such Mortgage Loan determined as of the date it is pledged to the Agent; and (iv) with respect to a Repurchased Mortgage Loan, an amount equal to eighty percent (80%) of the Collateral Value of such Mortgage Loan determined as of the date it is pledged to the Agent.

The Commitment. (a) Subject to the terms and conditions of this Agreement Agreement, including the conditions precedent set forth in Section 4.1 below, and provided no Event of Default has occurred and no Default has occurred and is continuing, the Bank agrees, from time to time during the period from the date hereof to the Maturity Date (unless such period is earlier determined pursuant hereto) expiration date as provided in Section 2.6 hereof, to make Advances to, or on behalf of, the Company solely for the purchase of Mortgage Loans in mortgage loan portfolio pools of less than $1,500,000, in the Borrower or its designeeaggregate, at the time of purchase (and known between the parties individually as a “Flow Transaction” and collectively, as the “Flow Transactions”), provided the total aggregate principal amount which is outstanding at any one time of all such Advances shall not exceed Three Forty Million and No/100 Dollars ($3,000,000.00)40,000,000.00) unless there is a written request by the Company and subsequent approval by an officer of the Bank to modify this amount. The obligation of the Bank to make Advances hereunder up to such limits or the amount to which such limit may be reduced pursuant to Section 2.7(b) hereof, is hereinafter referred to as the "“Commitment". .” Within the Commitment, the ---------- Borrower Company may borrow, repay and reborrow. Notwithstanding the foregoing, the Bank shall not be obligated to make Advances hereunder at all or up to any specified aggregate limit unless the Borrower elects to pay the Commitment Fee specified in Section 2.11 hereof, in which event this Agreement shall govern any ------------ Advances that the Bank from time to time elects in its sole discretion to make to the Borrowerre-borrow. (b) Advances shall be used by the Borrower Company solely for the purpose of funding or financing the working capital requirements purchase of Borrower Flow Transaction Mortgage Loans and shall be made at the request of the BorrowerCompany, in the manner hereinafter provided in Section 2.2., against secured by the assignment and pledge of Eligible Collateral. -----------such Mortgage Loans to Bank. (c) Unless otherwise agreed to by Bank at its sole discretion, no Advance for the purchase of a Mortgage Loan shall exceed (100%) of the purchase price, inclusive of the transaction fee payable to Bank and all out of pocket costs incurred by the Company for the acquisition of such Mortgage Loan. (d) Notwithstanding anything to the contrary herein, Advances may be obtained by the Company for the purpose of repurchasing Mortgage Loans that were sold by the Company to an Investor, provided, however, an Advance for such purpose shall be limited to 98% of the then unpaid principal balance of the to be repurchased Mortgage Loan, and such Advances shall be repaid not later than the later of (i) sixty (60) days from the date of such Advance, or (ii) at the time of and included with the next refinancing of Advances through a term loan issued under and pursuant to the Senior Debt Facility provided such repurchased Mortgage Loan qualifies for refinancing into the Senior Debt Facility.

The Commitment. (a) Subject to the terms and conditions of this Agreement and provided no Default or Event of Default has occurred and no Default has occurred and is continuing, the Bank Lender agrees, from time to time during the period from the date hereof to and including the Maturity Date (unless such period is earlier determined pursuant hereto) Termination Date, to make Advances to, or on behalf of to the Borrower or its designeeCompany, provided the sum of the total aggregate principal amount which is outstanding at any one time of all such Advances plus the aggregate Purchase Prices of all Securities which have not been repurchased by the Company under the Master Repurchase Agreement shall not exceed Three Million and No/100 Dollars TEN MILLION AND NO/100 DOLLARS ($3,000,000.0010,000,000.00). The obligation of the Bank Lender to make Advances hereunder up to such limits limit is hereinafter referred to as the "Commitment". ." Within the Commitment, the ---------- Borrower Company may borrow, repay and reborrow. Notwithstanding the foregoing, the Bank shall not be obligated to make All Advances hereunder at all or up to any specified aggregate limit unless the Borrower elects to pay the Commitment Fee specified in Section 2.11 hereof, in which event under this Agreement shall govern any ------------ Advances that constitute a single indebtedness, and all of the Bank from time to time elects in its sole discretion to make Collateral shall be security for the Note and for the performance of all the Obligations of the Company to the BorrowerLender. Notwithstanding anything contained herein to the contrary or otherwise, each purchase of Securities by the Lender under the Master Repurchase Agreement will automatically reduce by the amount of the purchase price for such Securities, dollar for dollar, the principal amount available to be borrowed within the Commitment for so long as that purchase is outstanding under the Master Repurchase Agreement. (b) Advances shall be used by the Borrower Company solely for the purpose of funding the working capital requirements acquisition or origination of Borrower Eligible Mortgage Loans, as specified in the Advance Request and none other, and shall be made at the request of the Borrower, Company in the manner hereinafter provided in Section 2.2, against the pledge of such Mortgage Loans and such other collateral as is set forth in Section 3.1 hereof as Collateral therefor. Advances shall also be subject to the following restrictions: (1) No Advance shall be made against Mortgage Loans which are not Eligible Mortgage Loans. (2) The aggregate amount of Wet Settlement Advances outstanding at any one time shall not exceed [*]. (3) The aggregate amount of Advances against Second Mortgage Loans outstanding at any one time shall not exceed [*]. (4) The aggregate amount of Advances against Aged Mortgage Loans outstanding at any one time shall not exceed [*]. (c) No Advance against an Eligible Mortgage Loan shall exceed an amount equal to [*] of the Collateral. -----------, Value of such Mortgage Loan, to be determined as of the date such Mortgage Loan is pledged to Lender.

The Commitment. (a) Subject to the terms and conditions of this Agreement and provided no Default or Event of Default has occurred and no Default has occurred and is continuing, the Bank Lender agrees, from time to time during the period from the date hereof to and including the Maturity Date (unless such period is earlier determined pursuant hereto) Termination Date, to make Advances to, or on behalf of to the Borrower or its designeeCompany, provided the sum of the total aggregate principal amount which is outstanding at any one time of all such Advances shall not exceed Three Million and No/100 Dollars FIFTY MILLION AND N0/100 DOLLARS ($3,000,000.0050,000,000.00). The obligation of the Bank Lender to make Advances hereunder up to such limits limit is hereinafter referred to as the "Commitment". ." Within the Commitment, the ---------- Borrower Company may borrow, repay and reborrow. Notwithstanding the foregoing, the Bank shall not be obligated to make All Advances hereunder at all or up to any specified aggregate limit unless the Borrower elects to pay the Commitment Fee specified in Section 2.11 hereof, in which event under this Agreement shall govern any ------------ Advances that constitute a single indebtedness, and all of the Bank from time to time elects in its sole discretion to make Collateral shall be security for the Note and for the performance of all the Obligations of the Company to the BorrowerLender. (b) Advances shall be used by the Borrower Company solely for the purpose of funding the working capital requirements acquisition or origination of Borrower Mortgage Loans, as specified in the Advance Request and none other, and shall be made at the request of the Borrower, Company in the manner hereinafter provided in Section 2.2, against the pledge of such Mortgage Loans and such other collateral as is set forth in Section 3.1 hereof as Collateral therefor. Advances shall also be subject to the following restrictions: (1) No Advance shall be made against Mortgage Loans which are not Eligible Collateral. -----------Mortgage Loans. (2) The aggregate amount of Wet Settlement Advances outstanding at any one time shall not exceed SEVENTEEN MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($17,500,000.00). (3) The aggregate amount of Advances against Second Mortgage Loans outstanding at any one time shall not exceed TWO MILLION AND NO/100 DOLLARS ($2,000,000.00). (4) The aggregate amount of Advances against Aged Mortgage Loans outstanding at any one time shall not exceed FIVE MILLION AND N0/100 DOLLARS ($5,000,000.00). (c) Advances against a Mortgage Loan that is not a Subprime Mortgage Loan or a Second Mortgage Loan shall not exceed, in the aggregate, an amount equal to 100% of the Collateral Value of such Mortgage Loan, to be determined as of the date such Mortgage Loan is pledged to Lender. (d) Advances against a Mortgage Loan that is a Subprime Mortgage Loan or a Second Mortgage Loan shall not exceed, in the aggregate, an amount equal to 95% of the Collateral Value of such Mortgage Loan, to be determined as of the date such Mortgage Loan is pledged to the Lender.