Amendment #9 to Renewal of Commitment Letter, Dated as of 12/30/2004



 EXHIBIT 10.25 
 AMENDMENT NO. 9 TO 
 COMMITMENT LETTER 
  
 This AMENDMENT NO. 9 TO COMMITMENT LETTER (the “Amendment”) is made and entered
into as of December 30, 2004 by and between Countrywide Warehouse Lending (“Lender”), Encore Credit Corp., Bravo Credit Corporation and ECC Capital Corporation (collectively “Borrower”). This Amendment amends that certain
Commitment Letter by and between Lender and Borrower dated as of November 14, 2003 (the “Commitment Letter”), which supplements that certain Revolving Credit and Security Agreement by and between Lender and Borrower dated as of May 13,
2002 (as may be amended from time to time, the “Credit Agreement”). 
  
 R E C I T A L S 
  
 Lender
and Borrower have previously entered into the Commitment Letter and Credit Agreement pursuant to which Lender may, from time to time, provide Borrower credit in the form of a warehouse line secured by residential mortgage loans. Lender and Borrower
hereby agree that the Commitment Letter shall be amended as provided herein. 
  
 In consideration of the mutual promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lender and Borrower hereby agree as follows: 
  
 Schedule 1 – Commitment Requirements. Lender and Borrower
agree that SCHEDULE 1 of the Commitment Letter shall be amended to add the following Tranche X as follows: 
  

													
	 	 	Tranche
Sublimit

	 	 Margin over
 30 day LIBOR

	 	 Advance
 Rate

	 	Maximum
Dwell
Time

	 	Fees

	 	 Commitment
 Requirements


	 	 	 	 	 	 	 	 	 	 	 	 	 
	 Tranche X: Correspondent Loans (originated by Borrower’s correspondent lending division) (Lender and Borrower agree to
identify these loans in the CDR as indicated in the below Schedule 3)
	 	Not to
exceed
$50,000,000
in total in
Advances
at any
one
time	 	Shall be equal to
the Margin over
30 days LIBOR
indicated in the
Commitment
Letter for
non-Correspondent
loans for such loan
type	 	Shall be equal to
the Advance
indicated in the
Commitment
Letter for
non- Correspondent
loans for such loan
type	 	 	 	Shall be equal to
File Fee indicated
in the
Commitment
Letter for
non-Correspondent
loans for such loan
type	 	 1.      Collateral must be received and accepted by Lender prior to funding each
Advance.

	 	 	 	 	 	 	 2.      Borrower to provide Correspondent Funding Conditions Form prior to funding each
Advance.

	 	 	 	 	 	 	 3.      Borrower to provide bailee instructions from correspondent’s warehouse bank prior to funding
each Advance in the CDR and in the collateral package delivered to Lender.

	 	 	 	 	 	 	 4.      Lender to only wire to approved institutional warehouse banks, chosen
at Lenders discretion.
  
 5.      Lenders retains the right not to fund a loan originated by a correspondent or unapproved warehouse provider.
  
 6.      CDR must be received prior to collateral receipt.
  
 7.      Borrower to
include in CDR its purchase price for each loan, and Lender shall use Borrower’s purchase price to determine the Advance Amount.


  

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	2.	Schedule 3. Lender and Borrower agree to add the following schedule in order to identify correspondent loans in the CDR as follows: 

  

					
	 Loan Type (1)

	  	 Tranche type in CDR (1)

	  	 Tranche X
 Correspondent Loans
 Tranche Terms


	Jumbo - Sold to Countrywide Home Loans	  	CHL 1st Bonds	  
	Jumbo - Sold to an Investor other than Countrywide Home Loans	  	1st Bonds	  
	Super Jumbo - Sold to Countrywide Home Loans	  	CHL 2nd Bonds	  	Setup will emulate the applicable Loan Types setup under Warehouse Tranches for non-correspondent loans with the exception of Sublimits. Lender and Borrower agree that the sum of
the Sublimits under all correspondent loans shall not exceed twenty five million ($50,000,000) in Advances.
	Super Jumbo - Sold to an Investor other than Countrywide Home Loans	  	2nd Bonds	  
	Subprime - Sold to Countrywide Home Loans	  	CHL Construction / OTC	  
	Subprime - Sold to an Investor other than Countrywide Home Loans	  	Construction / OTC	  

  

	(1)	With prior notice to Borrower, Countrywide Warehouse Lending Operation Account Management may reassign designated Tranche type(s) in Borrower CDR in the event that currently
assigned Tranches may create linking issues with Countrywide’s Correspondent Lending Division. 

  

	3.	No Other Amendments; Conflicts with Previous Amendments. Other than as expressly modified and amended herein, the Commitment Letter shall remain in full force
and effect and nothing herein shall affect the rights and remedies of Lender as provided under the Commitment Letter and Credit Agreement. To the extent any amendments to the Commitment Letter contained herein conflict with any previous amendments
to the Commitment Letter, the amendments contained herein shall control. 

  

	4.	Capitalized Terms. Any capitalized term used herein and not otherwise defined herein shall have the meaning ascribed to such term in the Credit Agreement.


  

	5.	Facsimiles. Facsimile signatures shall be deemed valid and binding to the same extent as the original. 

  
 IN WITNESS WHEREOF, Lender and Borrower have caused their names to be signed hereto by their
respective officers thereunto duly authorized as of the date first written above. 
  

													
	 COUNTRYWIDE WAREHOUSE LENDING
	 	 	 	 ENCORE CREDIT CORP.

					
	By:	 	/s/ Richie Walia	 	 	 	By:	 	 /s/ William E. Moffatt

	 	 	Signature	 	 	 	 	 	Signature
							
	 	 	 Name:
	 	 Richie Walia
	 	 	 	 	 	 Name:
	 	 William E. Moffatt

	 	 	 Title:
	 	 1st VP
	 	 	 	 	 	 Title:
	 	 Treasurer


  

													
	 	 	 	 	 BRAVO CREDIT CORPORATION

						
	 	 	 	 	 	 	 	 	By:	 	 /s/ John Kontoulis

	 	 	 	 	 	 	 	 	 	 	Signature
							
	 	 	 	 	 	 	 	 	 	 	 Name:
	 	 John Kontoulis

	 	 	 	 	 	 	 	 	 	 	 Title:
	 	 EVP


  

													
	 	 	 	 	 ECC CAPITAL CORPORATION

						
	 	 	 	 	 	 	 	 	By:	 	 /s/ William E. Moffatt

	 	 	 	 	 	 	 	 	 	 	Signature
							
	 	 	 	 	 	 	 	 	 	 	 Name:
	 	 William E. Moffatt

	 	 	 	 	 	 	 	 	 	 	 Title:
	 	 Treasurer


  

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