-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, SGt1+Knh7LRDxzvTEBl7aECrcVt8oFAHZd14MYUW3S/q+KJdtRuapxZJc3AQwOft 9ORj7/RZCp56ryk0yokKoQ== 0000882377-04-001243.txt : 20040618 0000882377-04-001243.hdr.sgml : 20040618 20040618152756 ACCESSION NUMBER: 0000882377-04-001243 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20040614 ITEM INFORMATION: Acquisition or disposition of assets ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 20040618 FILER: COMPANY DATA: COMPANY CONFORMED NAME: IMPAC SECURED ASSETS CORP MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-2 CENTRAL INDEX KEY: 0001292237 STANDARD INDUSTRIAL CLASSIFICATION: ASSET-BACKED SECURITIES [6189] STATE OF INCORPORATION: CA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 333-85310-04 FILM NUMBER: 04870805 BUSINESS ADDRESS: STREET 1: C/O NORWEST BANK MINNESOTA NA STREET 2: 1761 EAST ST ANDREW PLACE CITY: SANTA ANA STATE: CA ZIP: 92705 BUSINESS PHONE: 7142476271 MAIL ADDRESS: STREET 1: 1761 EAST ST ANDREW PLACE CITY: SANTA ANA STATE: CA ZIP: 92705 8-K 1 d242119.txt IMPAC SECURED ASSETS CORP - -------------------------------------------------------------------------------- UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported) June 14, 2004 IMPAC SECURED ASSETS CORP. (as company under a Pooling and Servicing Agreement, dated as of May 1, 2004, providing for, inter alia, the issuance of Mortgage Pass-Through Certificates, Series 2004-2) Impac Secured Assets Corp. - -------------------------------------------------------------------------------- (EXACT NAME OF REGISTRANT AS SPECIFIED IN ITS CHARTER)
California 333-85310-04 33-071-5871 - ------------------------------------------- ----------------------- ------------------------------ (STATE OR OTHER JURISDICTION (COMMISSION (I.R.S. EMPLOYER OF INCORPORATION) FILE NUMBER) IDENTIFICATION NO.) 1401 Dove Street Newport Beach, California 92660 - ------------------------------------------- ------------------------------ (ADDRESS OF PRINCIPAL (ZIP CODE) EXECUTIVE OFFICES)
Registrants telephone number, including area code, is (949) 475-3600 - -------------------------------------------------------------------------------- Item 2. Acquisition or Disposition of Assets. ------------------------------------- On May 28, 2004, a single series of certificates, entitled Impac Secured Assets Corp., Mortgage Pass-Through Certificates, Series 2004-2 (the "Certificates"), were issued pursuant to an Pooling and Servicing Agreement, dated as of May 1, 2004 (the "Agreement") among Impac Secured Assets Corp., as company, Impac Funding Corporation, as master servicer, and Deutsche Bank National Trust Company, as trustee (the "Trustee"). On June 14, 2004, following the closing of the initial issuance of the Certificates, the Trustee purchased from the Company certain Subsequent Mortgage Loans, as defined in the Agreement, with an aggregate principal balance equal to approximately $40,046,757 with funds on deposit in the pre- funding account (the "Pre-Funding Account") established pursuant to the Agreement at a purchase price equal to the principal balance thereof, which Subsequent Mortgage Loans were conveyed to the Trustee pursuant to a Subsequent Transfer Instrument, dated June 14, 2004, between the Company and the Trustee (the "Instrument"). Attached to the Instrument is the Mortgage Loan Schedule listing the Subsequent Mortgage Loans that are the subject of such Instrument. Item 7. Financial Statements, Pro Forma Financial Information and Exhibits. --------------------------------------------------------- (a) Not applicable (b) Not applicable (c) Exhibits:
EXHIBIT NO. DESCRIPTION ----------- ----------- 4.1 Subsequent Transfer Instrument, dated as of June 14, 2004 between Impac Secured Assets Corp. as Company and Deutsche Bank National Trust Company, as Trustee. (In accordance with Rule 202 of Regulation S-T, Exhibit 1, the mortgage loan schedule, is being filed in paper pursuant to a continuing hardship exemption.)
SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on behalf of the Registrant by the undersigned thereunto duly authorized. IMPAC SECURED ASSETS CORP. By: /s/ Richard J. Johnson --------------------------- Name: Richard J. Johnson Title: Chief Financial Officer Dated: June 18, 2004 EXHIBIT INDEX
Exhibit Number Description - -------------- ----------- 4.1 Subsequent Transfer Instrument, dated as of June 14, 2004 between Impac Secured Assets Corp. as Company and Deutsche Bank National Trust Company, as Trustee. (In accordance with Rule 202 of Regulation S-T, Exhibit 1, the mortgage loan schedule, is being filed in paper pursuant to a continuing hardship exemption.)
EXHIBIT 4.1 EX-4.1 2 d241252.txt SUBSEQUENT TRANSFER INSTRUMENT SUBSEQUENT TRANSFER INSTRUMENT Pursuant to this Subsequent Transfer Instrument, dated June 14, 2004 (the "Instrument"), between Impac Secured Assets Corp. as Company (the "Company"), and Deutsche Bank National Trust Company as trustee of the Impac Secured Assets Corp., Mortgage Pass-Through Certificates, Series 2004-2, as purchaser (the "Trustee"), and pursuant to the Pooling and Servicing Agreement, dated as of May 1, 2004 (the "Pooling and Servicing Agreement"), among the Company as the company, Impac Funding Corporation, as Master Servicer, and the Trustee as trustee, the Company and the Trustee agree to the sale by the Company and the purchase by the Trustee in trust, on behalf of the Trust, of the Subsequent Mortgage Loans listed on the Schedule of Mortgage Loans attached to the Instrument as Exhibit 1 hereto (the "Subsequent Mortgage Loans"). Capitalized terms used but not otherwise defined herein shall have the meanings set forth in the Pooling and Servicing Agreement. Section 1. Conveyance of Subsequent Mortgage Loans. (a) The Company does hereby sell, transfer, assign, set over and convey to the Trustee in trust, on behalf of the Trust, without recourse, all of its right, title and interest in and to the Subsequent Mortgage Loans, and including all amounts due on the Subsequent Mortgage Loans after the related Subsequent Cut-off Date, and all items with respect to the Subsequent Mortgage Loans to be delivered pursuant to Section 2.06 of the Pooling and Servicing Agreement; provided, however that the Company reserves and retains all right, title and interest in and to amounts due on the Subsequent Mortgage Loans on or prior to the related Subsequent Cut-off Date. The Company, contemporaneously with the delivery of this Agreement, has delivered or caused to be delivered to the Trustee each item set forth in Section 2.01 of the Pooling and Servicing Agreement. The transfer to the Trustee by the Company of the Subsequent Mortgage Loans identified on the Mortgage Loan Schedule shall be absolute and is intended by the Company, the Master Servicer, the Trustee and the Certificateholders to constitute and to be treated as a sale by the Company to the Trust Fund. (b) The Company, concurrently with the execution and delivery hereof, does hereby transfer, assign, set over and otherwise convey to the Trustee without recourse for the benefit of the Certificateholders all the right, title and interest of the Company, in, to and under the Subsequent Mortgage Loan Purchase Agreement, dated June 1, 2004, among Impac Funding Corporation, as seller, the Company, as purchaser, and Impac Mortgage Holdings, Inc. (the "Purchase Agreement"). (c) Additional terms of the sale are set forth on Attachment A hereto. Section 2. Representations and Warranties; Conditions. (a) The Company hereby confirms that each of the conditions and the representations and warranties set forth in Section 2.06 of the Pooling and Servicing Agreement are satisfied as of the date hereof. (b) All terms and conditions of the Pooling and Servicing Agreement are hereby ratified and confirmed; provided, however, that in the event of any conflict, the provisions of this Instrument shall control over the conflicting provisions of the Pooling and Servicing Agreement. Section 3. Recordation of Instrument. To the extent permitted by applicable law, this Instrument, or a memorandum thereof if permitted under applicable law, is subject to recordation in all appropriate public offices for real property records in all of the counties or other comparable jurisdictions in which any or all of the properties subject to the Mortgages are situated, and in any other appropriate public recording office or elsewhere, such recordation to be effected by the Master Servicer at the Certificateholders' expense on direction of the related Certificateholders, but only when accompanied by an Opinion of Counsel to the effect that such recordation materially and beneficially affects the interests of the Certificateholders or is necessary for the administration or servicing of the Subsequent Mortgage Loans. Section 4. Governing Law. This Instrument shall be construed in accordance with the laws of the State of New York and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with such laws, without giving effect to principles of conflicts of law. Section 5. Counterparts. This Instrument may be executed in one or more counterparts and by the different parties hereto on separate counterparts, each of which, when so executed, shall be deemed to be an original; such counterparts, together, shall constitute one and the same instrument. Section 6. Successors and Assigns. This Instrument shall inure to the benefit of and be binding upon the Company and the Trustee and their respective successors and assigns. IMPAC SECURED ASSETS CORP. By: /s/ William Ashmore ----------------------- Name: William Ashmore Title: President DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee. By: /s/ Alan Sueda ----------------------- Name: Alan Sueda Title: Associate By: /s/ Jeremy Conyers ----------------------- Name: Jeremy Conyers Title: Associate EXHIBIT 1 MORTGAGE LOAN SCHEDULE (Provided Upon Request) -----END PRIVACY-ENHANCED MESSAGE-----