Sample Business Contracts
Guaranty - Advanta Mortgage Loan Trust 2000-2 and Ambac Assurance Corp.
August 22, 2000
Advanta Mortgage Loan Trust 2000-2 (the "Trust") c/o Bankers Trust Company of California, N.A. 1761 East St. Andrew Place Santa Ana, CA 92705
Ambac Assurance Corporation One State Street Plaza New York, New York 10004
Re: Pooling and Servicing Agreement dated as of August 1, 2000
(the "Pooling and Servicing Agreement") among Advanta Conduit
Receivables, Inc., as sponsor (the "Sponsor"), Advanta
Mortgage Corp. USA ("AMCUSA"), as master servicer (the "Master
Servicer"), and Bankers Trust Company of California, N.A. as
trustee (the "Trustee") and the Mortgage Loan Transfer
Agreement dated as of August 1, 2000 (the "Transfer
Agreement") among the Sponsor, the Trustee and the originators
named therein (the "Originators")
Ladies and Gentlemen:
Pursuant to the Pooling and Servicing Agreement and the Transfer Agreement (together, the "Agreements"), AMCUSA in its capacity as Master Servicer, has undertaken certain financial obligations with respect to its servicing of the Mortgage Loans, including, but not limited to, the making of Delinquency Advances and Servicing Advances. In addition, the Sponsor and the Originators have, in the Agreements undertaken certain financial obligations, including, but not limited to, the payment of the Loan Purchase Price relating to the repurchase of non-qualifying Mortgage Loans, the payment of Substitution Amounts in connection with the substitution of Qualified Replacement Mortgages and the payment of certain expenses of the Trust. Any financial obligations of AMCUSA, the Sponsor or any Originator under either of the Agreements, whether or not specifically enumerated in this paragraph, are hereinafter referred to as the "Joint and Several Obligations"; provided, however, that "Joint and Several Obligations" shall mean only the financial obligations of AMCUSA, the Sponsor or any Originator under either of the Agreements (including the payment of money damages for a breach of any of AMCUSA's, the Sponsor's or any Originator's obligations under either of the Agreements, whether financial or otherwise) but shall not include any obligations not relating to the payment of money (e.g., the obligation to service the Mortgage Loans).
The Certificate Insurer has required the undersigned, Advanta Mortgage Holding Company ("AMHC"), the parent corporation of AMCUSA and the indirect corporate parent of the Sponsor, to acknowledge its joint-and-several liability with AMCUSA, the Sponsor and the Originators for the payment of the Joint and Several Obligations under the Agreements.
Now, therefore, the Trust, the Certificate Insurer and AMHC do hereby agree that:
(i) AMHC hereby agrees to be absolutely and
unconditionally jointly and severally liable with
AMCUSA, the Sponsor and the Originators to the Trust
and the Certificate Insurer for the payment of the
Joint and Several Obligations.
(ii) AMHC may honor its obligations hereunder either by
direct payment of any Joint and Several Obligations
or by causing any Joint and Several Obligations to be
paid to the Trust and the Certificate Insurer by
AMCUSA, the Sponsor, any Originator or another
affiliate of AMHC.
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Capitalized terms used herein and not defined herein shall have their respective meanings as set forth in the Agreements.
Very truly yours,
By: /S/ Michael Coco
Name: Michael Coco
Title: Vice President
Acknowledged and Agreed:
ADVANTA MORTGAGE LOAN TRUST, 2000-2, by Bankers Trust Company of California, N.A., as Trustee
By: /S/ Hermi Alignay
Name: Hermi Alignay
Title: Assistant Secretary
AMBAC ASSURANCE CORPORATION
By: /S/ Michele Kearns
Name: Michele Kearns
Title: First Vice President
Dated: August 22, 2000
[Guaranty to the Trust]