EX-10 5 ex10-3.txt EX10-3.TXT Fee Letter Agreement October 16, 2003 American Business Financial Services, Inc. The Wanamaker Building 100 Penn Square East, 8th Floor Philadelphia, Pennsylvania 19107 Re: Second Amended and Restated Sale and Servicing Agreement, dated October 16, 2003 (the "Servicing Agreement"), among ABFS Greenmont, Inc. (the "Depositor"), Homeamerican Credit, Inc. ("Upland") and American Business Mortgage Services Inc. ("ABMS") , ABFS Mortgage Loan Warehouse Trust 2000-2 (the "Trust"), American Business Credit, Inc. ("ABFS"), American Business Financial Services, Inc. ("ABFS"), JP Morgan Chase Bank (the "Indenture Trustee") and JP Morgan Chase Bank (the "Collateral Agent"). Ladies and Gentlemen: This fee letter agreement is to confirm our agreement with respect to the payment of the Structure Fee to be paid to the Collateral Agent upon the Disposition of some or all of the Mortgage Loans owned by the Trust in accordance with the above referenced Servicing Agreement. You will pay, or cause to be paid, to the Collateral Agent, a one time fee (the "Structure Fee") of $800,000.00 on the Disposition Date, which fee may be netted from proceeds of any Disposition. All items capitalized but not defined herein shall have the meanings ascribed thereto in Appendix I to the Servicing Agreement. IN WITNESS THEREOF, JPMorgan Chase Bank has caused this fee letter agreement to be executed by its duly authorized officer as of the date first above written. JPMORGAN CHASE BANK, not in its individual capacity but solely as Collateral Agent By: /s/ Joseph M. Costantino ------------------------------------------------------ Name: Joseph M. Costantino Title: Trust Officer ABFS MORTGAGE LOAN WAREHOUSE TRUST 2000-2 By: Wachovia Trust Company, National Association (f/k/a First Union Trust Company, National Association), not in its individual capacity but solely as Owner Trustee By: /s/ Rita M. Ritrovato ------------------------------------------------------ Name: Rita M. Ritrovato Title: Trust Officer ABFS GREENMONT, INC., as Depositor By: /s/ Jeffrey M. Ruben ------------------------------------------------------ Name: Jeffrey M. Ruben Title: Senior Vice President AMERICAN BUSINESS FINANCIAL SERVICES, INC., as the Sponsor By: /s/ Anthony J. Santilli ------------------------------------------------------ Name: Anthony J. Santilli Title: Chairman; Chief Executive Officer, and President HOMEAMERICAN CREDIT, INC. D/B/A UPLAND MORTGAGE, as an Originator and a Subservicer By: /s/ Jeffrey M. Ruben ------------------------------------------------------ Name: Jeffrey M. Ruben Title: Executive Vice President AMERICAN BUSINESS CREDIT, INC., as an Originator and the Servicer By: /s/ Beverly Santilli ------------------------------------------------------ Name: Beverly Santilli Title: President AMERICAN BUSINESS MORTGAGE SERVICES, INC., as an Originator and a Subservicer By: /s/ Jeffrey M. Ruben ------------------------------------------------------ Name: Jeffrey M. Ruben Title: Executive Vice President