AMENDMENT NO. 2 TO MASTER REPURCHASE AGREEMENT
This Amendment No. 2 to Master Repurchase Agreement (this Amendment), dated as of September 10, 2020 (the Amendment Date), to that certain Master Repurchase Agreement, dated as of August 27, 2019 (as amended by that certain Amendment No. 1 to Master Repurchase Agreement, dated as of October 23, 2019, and as further amended, restated, supplemented or otherwise modified from time to time, the Master Repurchase Agreement), by and between Caliber Home Loans, Inc. (Seller) and Deutsche Bank AG, New York Branch (Buyer), is entered into by and between Seller and Buyer. Capitalized terms used herein and not otherwise defined herein shall have the respective meanings ascribed to such terms in the Master Repurchase Agreement.
WHEREAS, Seller has requested that the Master Repurchase Agreement be amended on the terms and conditions set forth below; and
WHEREAS, Buyer has agreed to make such requested amendments to the Master Repurchase Agreement.
NOW, THEREFORE, in consideration of the continued performance by Seller of its promises and obligations under the Master Repurchase Agreement and the other Principal Agreements, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Buyer hereby agree as follows:
1. Amendment to Master Repurchase Agreement. Subject to the satisfaction of the conditions precedent set forth in Section 2 below, clause (i) set forth in Exhibit I to the Master Repurchase Agreement is hereby deleted in its entirety and replaced with the following:
(i) Original Terms Unmodified. The terms of the Mortgage Note, the Mortgage and each other related Mortgage Loan Document have not been impaired, waived, altered or modified in any respect, from the date of origination; except by a written instrument which has been recorded, if necessary to protect the interests of Buyer, and which has been delivered to the Custodian and the terms of which are reflected in the Asset Data Record; provided, that none of the payment terms, interest rate, maturity date or other material terms have been impaired, waived, altered or modified in any respect. No Mortgage Loan is subject to a COVID-19 forbearance plan. The substance of any such waiver, alteration or modification has been approved by the title insurer, to the extent required, and its terms are reflected in the Asset Data Record. No Mortgagor in respect of the Mortgage Loan has been released, in whole or in part, except in connection with an assumption agreement approved by the title insurer, to the extent required by such policy, and which assumption agreement is part of the Mortgage Loan File delivered to Custodian. The related Mortgage Note, Mortgage and each other related Mortgage Loan Document contain the entire agreement of the parties and all of the obligations of Seller under the related Mortgage Loan.