EXHIBIT 10.4
F OURTH A MENDMENT TO M ORTGAGE
W AREHOUSE L OAN AND S ECURITY A GREEMENT
This Fourth Amendment to Mortgage Warehouse Loan and Security Agreement (this “Amendment”), made by and
between CRESCENT MORTGAGE SERVICES, INC., a Georgia corporation, as borrower (“Borrower”), and COLONIAL
BANK, an Alabama banking corporation, as lender (“Lender”), is dated as of the 31 st day of January, 2003.
R E C I T A L S :
Pursuant to that certain Mortgage Warehouse Loan and Security Agreement dated as of December 20, 1999, as amended
by that certain First Amendment to Mortgage Warehouse Loan and Security Agreement dated as of July 31, 2000, that certain
Second Amendment to Mortgage Warehouse Loan and Security Agreement dated as of June 25, 2001, and that certain Third
Amendment to Mortgage Warehouse Loan and Security Agreement dated as of July 31, 2002 (as heretofore amended, the
“Agreement”), Lender made available to Borrower, subject to the terms and conditions thereof, a resolving line of credit loan in
the maximum aggregate principal amount not to exceed $40,000,000.00 (the “Line of Credit”), secured by Borrower’s assignment
and pledge to Lender of certain mortgage loans and related collateral, for the purpose of assisting Borrower in its business of
originating and making such loans.
Borrower has requested that Lender agree to temporarily increase the maximum amount available under the Line of Credit
from $40,000,000.00 to $55,000,000.00, to make corresponding temporary increases to the existing Sublimits thereunder, to add a
new Sublimit E (as hereinafter defined) thereunder for warehousing Eligible Non-Conforming Mortgage Loans (as hereinafter
defined), and to make certain other modifications to the Agreement, and Lender is willing to do so, but only on the express
condition, among others, that Borrower enter into this Amendment, pursuant to which the Agreement shall be amended and
modified.
NOW, THEREFORE, in consideration of the premises and agreements contai