Amendment No. 1 to Pooling and Servicing Agreement for Mortgage Pass-Through Certificates, Series 1997-1 (Impac Secured Assets Corp., Impac Funding Corporation, Bankers Trust Company of California, N.A.)

Summary

This amendment, dated February 15, 2001, is between Impac Secured Assets Corp. (Depositor), Impac Funding Corporation (Master Servicer), and Bankers Trust Company of California, N.A. (Trustee). It modifies the Pooling and Servicing Agreement originally dated March 1, 1997, for Mortgage Pass-Through Certificates, Series 1997-1. The amendment updates a specific clause in Section 5.07 to include additional certificate classes. All other terms of the original agreement remain unchanged.

EX-4.1 2 ###-###-####.txt INSTRUMENTS DEFINING RIGHTS OF SECURITY HOLDERS ================================================================================ IMPAC SECURED ASSETS CORP., as Depositor, IMPAC FUNDING CORPORATION, as Master Servicer, and BANKERS TRUST COMPANY OF CALIFORNIA, N.A. as Trustee --------------------------------- AMENDMENT NO. 1 dated as of February 15, 2001 to the POOLING AND SERVICING AGREEMENT Dated as of March 1, 1997 --------------------------------- Mortgage Pass-Through Certificates Series 1997-1 ================================================================================ AMENDMENT NO. 1 made as of this 15th day of February 2001, among Impac Secured Assets Corp. (the "Depositor"), Impac Funding Corporation, as master servicer (the "Master Servicer"), and Bankers Trust Company of California, N.A., as trustee (the "Trustee"). W I T N E S S E T H WHEREAS, the Depositor, the Trustee and the Master Servicer entered into a Pooling and Servicing Agreement (the "Agreement") dated as of March 1, 1997, relating to the issuance of Mortgage Pass-Through Certificates, Series 1997-1; and WHEREAS, the Depositor, the Master Servicer and the Trustee desire to amend the terms of the Agreement pursuant to and in accordance with Section 11.02 of the Agreement. NOW, THEREFORE, in consideration of the mutual premises and agreements herein, the Depositor, the Master Servicer and the Trustee agree as follows: 1. Capitalized terms used herein and not defined herein shall have the meanings assigned to such terms in the Agreement. 2. The first sentence of the first paragraph of Section 5.07 of the Agreement is amended by deleting the clause "or Class B" and substituting in its place the following: ", Class B-4, Class B-5 or Class B-6". i IN WITNESS WHEREOF, the Depositor, the Master Servicer and the Trustee have caused their duly authorized representatives to execute and deliver this instrument as of the date first above written. IMPAC SECURED ASSETS CORP. By: /s/ Richard J. Johnson ----------------------------------------- Name: Richard J. Johnson Title: Executive Vice President and Chief Financial Officer IMPAC FUNDING CORPORATION By: /s/ Lisa A. Duehring ----------------------------------------- Name: Lisa A. Duehring Title: Senior Vice President BANKERS TRUST COMPANY OF CALIFORNIA, N.A. By: /s/ Paul T. Liu ----------------------------------------- Name: Paul T. Liu Title: Vice President ii