Amendment No. 8 to Master Repurchase Agreement



 Exhibit 4.4 
  

 
 AMENDMENT NO. 8 
 TO MASTER REPURCHASE AGREEMENT 
  
 Amendment No. 8 to Master Repurchase Agreement, dated as of March 11, 2004 (this “Amendment”), among CREDIT SUISSE FIRST BOSTON MORTGAGE
CAPITAL LLC (the “Buyer” and FAMILY LENDING SERVICES, INC. (the “Seller”). 
  
 RECITALS 
  
 The Buyer and the Seller are parties to that certain Master Repurchase Agreement, dated as of October 5, 2001, as amended by Amendment No. 1, dated as of December 28, 2001, Amendment No. 2, dated as of March 1, 2002 Amendment No. 3, dated
as of October 4, 2002, Amendment No. 4, dated as of October 9, 2002, Amendment No. 5, dated as of November 18, 2002, Amendment No. 6, dated as of January 15, 2003 and Amendment No. 7, dated as of September 18, 2003 (the “Existing Master
Repurchase Agreement”; as amended by this Amendment, the “Master Repurchase Agreement”). Capitalized terms used but not otherwise defined herein shall have the meanings given to them in the Existing Master Repurchase
Agreement. 
  
 The Buyer and the Seller have agreed, subject to
the terms and conditions of this Amendment, that the Existing Master Repurchase Agreement be amended to reflect certain agreed upon revisions to the terms of the Existing Master Repurchase Agreement. 
  
 Accordingly, the Buyer and the Seller hereby agree, in consideration of the
mutual premises and mutual obligations set forth herein, that the Existing Master Repurchase Agreement is hereby amended as follows: 
  
 SECTION 1. Definitions. The definition of “Termination Date” is hereby amended by deleting it in its entirety and replacing it with the
following: 
  
 ““Termination Date” means the
earlier of (a) May 28, 2004, or (b) the date of the occurrence of an Event of Default.” 
  
 SECTION 2. Conditions Precedent. This Amendment shall become effective on March 11, 2004 (the “Amendment Effective Date”), subject to the satisfaction of the following conditions precedent:

  
 2.1 Delivered Documents. On the
Amendment Effective Date, the Buyer shall have received the following documents, each of which shall be satisfactory to the Buyer in form and substance: 
  
 (a) this Amendment, executed and delivered by duly authorized officers of the Buyer and the Seller; and 
  
 (b) such other documents as the Buyer or counsel to the
Buyer may reasonably request. 
  









 SECTION 3. Representations and Warranties. Seller hereby represents and warrants to the Buyer
that, as of the date hereof, it is in compliance in all material respects with the terms and provisions set forth in the Existing Master Repurchase Agreement on its part to be observed or performed, and that no Event of Default has occurred or is
continuing, and hereby confirms and reaffirms the representations and warranties contained in Section 13 of the Existing Master Repurchase Agreement. 
  
 SECTION 4. Limited Effect. Except as expressly amended and modified by this Amendment, the Existing Master Repurchase Agreement shall continue to
be, and shall remain, in full force and effect in accordance with its terms. 
  
 SECTION 5. Counterparts. This Amendment may be executed by each of the parties hereto on any number of separate counterparts, each of which shall be an original and all of which taken together shall constitute
one and the same instrument. 
  
 SECTION 6. GOVERNING
LAW. THIS AMENDMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK WITHOUT REFERENCE TO THE CHOICE OF LAW PROVISIONS THEREOF. 
  
 SECTION 7. Acknowledgement of Anti-Predatory Lending Policies. Buyer has in place internal policies and procedures
that expressly prohibit its purchase of any High Cost Mortgage Loan. 
  
 [SIGNATURE PAGE FOLLOWS] 
  

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

											
	 Buyer:
	 	 	 	CREDIT SUISSE FIRST BOSTON MORTGAGE CAPITAL LLC, as Buyer
						
	 	 	 	 	 	 	 By:
	 	 	 	/s/    BRUCE S. KAISERMAN        
	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 Name:
	 	Bruce S. Kaiserman
	 	 	 	 	 	 	 	 	 Title:
	 	Vice President

  

											
	 Seller:
	 	 	 	FAMILY LENDING SERVICES, INC. as Seller
						
	 	 	 	 	 	 	 By:
	 	 	 	/s/    RICHARD N. AMBROSE        
	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 Name:
	 	Richard N. Ambrose
	 	 	 	 	 	 	 	 	 Title:
	 	President

  

											
						
	 	 	 	 	 	 	 By:
	 	 	 	/s/    JOHN M. STEPHENS        
	 	 	 	 	 	 	 	 	

	 	 	 	 	 	 	 	 	 Name:
	 	John M. Stephens
	 	 	 	 	 	 	 	 	 Title:
	 	Assistant Treasurer