NEW CENTURY MORTGAGE SECURITIES LLC
as Purchaser,
NEW CENTURY CREDIT CORPORATION
as Seller,
and
NC CAPITAL CORPORATION
as Responsible Party
MORTGAGE LOAN PURCHASE AGREEMENT
Series 2006-ALT1
Dated as of June 7, 2006
TABLE OF CONTENTS
|
ARTICLE I
|
DEFINITIONS |
|
Section 1.1
|
Definitions |
|
ARTICLE II
|
SALE OF MORTGAGE LOANS AND RELATED PROVISIONS |
|
Section 2.1 |
Sale of Mortgage Loans. |
|
Section 2.2
|
Agreement to Purchase. |
|
ARTICLE III
|
REPRESENTATIONS AND WARRANTIES; REMEDIES FOR BREACH |
|
Section 3.1
|
Representations and Warranties |
|
ARTICLE IV
|
SELLERS COVENANTS |
|
Section 4.1
|
Covenants of the Seller |
|
ARTICLE V
|
INDEMNIFICATION BY THE RESPONSIBLE PARTY |
|
Section 5.1
|
Indemnification |
|
ARTICLE VI
|
TERMINATION |
|
Section 6.1
|
Termination |
|
ARTICLE VII
|
MISCELLANEOUS PROVISIONS |
|
Section 7.1 |
Amendment |
|
Section 7.2 |
Governing Law |
|
Section 7.3 |
Notices |
|
Section 7.4 |
Severability of Provisions |
|
Section 7.5 |
Relationship of Parties |
|
Section 7.6 |
Counterparts |
|
Section 7.7 |
Further Agreements |
|
Section 7.8 |
Intention of the Parties |
|
Section 7.9 |
Successors and Assigns; Assignment of Purchase Agreement |
|
Section 7.10 |
Survival |
|
Section 7.11
|
Third Party Beneficiary |
|
ARTICLE VIII
|
DUTIES OF THE RESPONSIBLE PARTY AS ADMINISTRATOR |
|
Section 8.1 |
Administrative Duties. |
|
Section 8.2
|
Records |
|
Section 8.3 |
Additional Information to be Furnished |
| |
|
| |
|
| EXHIBIT A |
|
| |
MORTGAGE LOAN SCHEDULEA-1 |
| |
|
| EXHIBIT B |
|
| |
FORM OF LOST NOTE AFFIDAVITB-1 |
This MORTGAGE LOAN PURCHASE AGREEMENT (this Agreement), dated as of June 7, 2006, is made among New Century Credit Corporation (the Seller), New Century Mortgage Securities LLC (the Purchaser) and NC Capital Corporation (the Responsible Party).
W I T N E S S E T H:
WHEREAS, the Seller owns the Mortgage Loans indicated on the Mortgage Loan Schedule attached as Exhibit 1 hereto (the Mortgage Loans), including rights to (a) any property acquired by foreclosure or deed in lieu of foreclosure or otherwise and (b) the proceeds of any insurance policies covering the Mortgage Loans; and
WHEREAS, the parties hereto desire that the Seller sell the Mortgage Loans to the Purchaser, and that the Responsible Party make certain representations and warranties on the Closing Date and undertake certain obligations on the Closing Date with respect to such Mortgage Loans, in each case pursuant to the terms of this Agreement; and
WHEREAS, pursuant to the terms of an Amended and Restated Trust Agreement dated as of February 27 2006 (the Trust Agreement), among the Purchaser, as depositor, Wilmington Trust Company, as owner trustee (the Owner Trustee) and Deutsche Bank National Trust Company, as certificate registrar and certificate paying agent, the Purchaser will convey the Mortgage Loans to the Issuer; and
WHEREAS, pursuant to the terms of a Servicing Agreement dated as of June 22, 2006 (the Servicing Agreement), among Wells Fargo Bank, N.A. as servicer (the Servicer), a Trust Estate designated as New Century Alternative Mortgage Loan Trust 2006-ALT1, a Delaware statutory trust (the Issuer) and Deutsche Bank National Trust Company (Deutsche Bank), as Indenture Trustee (the Indenture Trustee), the Servicer will service the Mortgage Loans directly or through one or more Sub-Servicers; and
WHEREAS, pursuant to the terms of an Indenture dated as of June 22, 2006 (the Indenture), between the Issuer and the Indenture Trustee, the Issuer will pledge the Mortgage Loans to the Indenture Trustee and issue and transfer to the Purchaser the Asset-Backed Notes, Series 2006-ALT1, Class AV-1, Class AF-2, Class AF-3, Class AF-4, Class AF-5, Class AF-6, Class M-1, Class M-2, Class M-3, Class M-4, Class M-5 and Class M-6 Notes (collectively, the Notes), representing debt of the Issuer; and
WHEREAS, the parties intend these transactions to be treated for federal, state and local tax purposes as the retention by the Seller of ownership of the Mortgage Loans and issuance by the Seller of secured indebtedness evidenced by the Notes, and have mutually covenanted to treat the transactions consistent with that intent for all federal, state and local tax purposes;
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows:
ARTICLE I
DEFINITIONS
Section 1.1 Definitions. For all purposes of this Mortgage Loan Purchase Agreement, except as otherwise expressly provided herein or unless the context otherwise requires, capitalized terms not otherwise defined herein shall have the meanings assigned to such terms in the Definitions attached to the Indenture as Appendix A, which is incorporated by reference herein. All other capitalized terms used herein shall have the meanings specified herein.
Home
Intelligence
Services
Subscriptions
News
About Us
Contact Us
Terms of Use
Resend Documents
Shopping Cart
Copyright © 2008 The Consus Group LLC