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No.
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Description
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3.1
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Articles
of Amendment and Restatement of the Registrant (incorporated by reference
to Exhibit 3.01 to our Registration Statement on Form S-11/A filed
on
June 18, 2004 (Registration No. 333-111668)).
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3.2(a)
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Bylaws
of the Registrant (incorporated by reference to Exhibit 3.02 to our
Registration Statement on Form S-11/ A filed on June 18, 2004
(Registration No. 333-111668)).
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3.2(b)
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Amendment
No. 1 to Bylaws of Registrant (incorporated by reference to Exhibit
3.2(b)
to Registrant’s Annual Report on Form 10-K filed on March 16,
2006)
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4.1
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Form
of Common Stock Certificate (incorporated by reference to Exhibit
4.01 to
our Registration Statement on Form S-11/ A filed on June 18, 2004
(Registration No. 333-111668)).
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4.2(a)
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Junior
Subordinated Indenture between The New York Mortgage Company, LLC
and
JPMorgan Chase Bank, National Association, as trustee, dated
September 1, 2005 (incorporated by reference to Exhibit 4.1 to our
Current Report on Form 8-K filed on September 6,
2005).
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4.2(b)
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Amended
and Restated Trust Agreement among The New York Mortgage Company,
LLC,
JPMorgan Chase Bank, National Association, Chase Bank USA, National
Association and the Administrative Trustees named therein, dated
September 1, 2005 (incorporated by reference to Exhibit 4.2 to our
Current Report on Form 8-K filed on September 6,
2005).
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10.66
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Employment
Offer Agreement by and between New York Mortgage Trust, Inc. and
A.
Bradley Howe, dated as of September 12, 2005*
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10.67
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First
Amendment to Employment Offer Agreement by and between New York Mortgage
Trust, Inc. and A. Bradley Howe, dated as of June 23,
2006*
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10.68
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Amendment
No. 2 to Employment Agreement between New York Mortgage Trust, Inc.
and
Steven R. Mumma dated as of March 31, 2007*
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10.69
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Termination
Agreement, dated as of March 22, 2007, among NYMC Loan Corporation,
New
York Mortgage Trust, Inc., DB Structured Products, Inc., Aspen Funding
Corp. and Newport Funding Corp.
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10.70
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Amendment
No. 13 to Amended and Restated Master Repurchase Agreement among
Credit
Suisse First Boston Mortgage Capital LLC, The New York Mortgage Company,
LLC, New York Mortgage Funding, LLC and New York Mortgage Trust,
Inc.
dated as of December 12, 2006*
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10.71
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Amendment
No. 14 to Amended and Restated Master Repurchase Agreement among
Credit
Suisse First Boston Mortgage Capital LLC, The New York Mortgage Company,
LLC, New York Mortgage Funding, LLC and New York Mortgage Trust,
Inc.
dated as of January 24, 2007*
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10.72
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Amendment
No. 15 to Amended and Restated Master Repurchase Agreement among
Credit
Suisse First Boston Mortgage Capital LLC, The New York Mortgage Company,
LLC, New York Mortgage Funding, LLC and New York Mortgage Trust,
Inc.
dated as of March 23, 2007*
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10.73
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Amendment
No. 16 to Amended and Restated Master Repurchase Agreement among
Credit
Suisse First Boston Mortgage Capital LLC, The New York Mortgage Company,
LLC, New York Mortgage Funding, LLC and New York Mortgage Trust,
Inc.
dated as of May 11, 2007*
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10.74
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Third
Amendment to Assignment and Assumption of Sublease, dated as of March
31,
2007, by and between The New York Mortgage Company, LLC and Lehman
Brothers Holdings, Inc.*
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31.1
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Certification
of Co-Chief Executive Officer pursuant to Rule 13a-14(a)/15d-14(a)
of the
Securities Exchange Act of 1934, as adopted pursuant to Section 302
of the
Sarbanes-Oxley Act of 2002.
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31.2
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Certification
of Chief Financial Officer pursuant to Rule 13a-14(a)/15d-14(a) of
the
Securities Exchange Act of 1934, as adopted pursuant to Section 302
of the
Sarbanes-Oxley Act of 2002.
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32.1
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Certification
of Co-Chief Executive Officer pursuant to 18 U.S.C. Section 1350,
as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002.
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32.2
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Certification
of Chief Financial Officer pursuant to 18 U.S.C. Section 1350, as
adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of
2002.
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