exhibit 10. 12 execution copy amended and restated variable funding loan agreement dated as of november 19, 2004 among yc susi trust, ( successor by assignment from enterprise funding corporation ) a lender, atlantic asset securitization corp., a lender, mid - state trust ix, the borrower, wachovia bank, national association ( formerly known as first union national bank ), the custodian / collateral agent, bank of america, n. a., as the agent, a managing agent and a bank investor and calyon new york branch, a managing agent and a bank investor exhibit 10. 12 execution copy amended and restated variable funding loan agreement dated as of november 19, 2004 among yc susi trust, ( successor by assignment from enterprise funding corporation ) a lender, atlantic asset securitization corp., a lender, mid - state trust ix, the borrower, wachovia bank, national association ( formerly known as first union national bank ), the custodian / collateral agent, bank of america, n. a., as the agent, a managing agent and a bank investor and calyon new york branch, a managing agent and a bank investor table of contents article 1 general section 1. 1. certain defined terms section 1. 2. other terms section 1. 3. computation of time periods article 2 amount and terms of commitment section 2. 1. revolving credit facility section 2. 2. [ reserved ] section 2. 3. loan requests section 2. 4. determination of discount and rate periods section 2. 5. payment of principal, interest and other amounts section 2. 6. mandatory and optional prepayments section 2. 7. proceeds section 2. 8. pledged accounts section 2. 9. payments and computations, etc section 2. 10. reports section 2. 11. [ reserved ] section 2. 12. sharing of payments, etc section 2. 13. right of setoff section 2. 14. assignment by lenders to bank investors section 2. 15. downgrade of bank investor section 2. 16. non - renewing bank investors section 2. 17. commitment renewal request article 3 representations and warranties section 3. 1. representations and warranties of the borrower section 3. 2. reaffirmation of representations and warranties by the borrower article 4 conditions precedent section 4. 1. conditions to effectiveness section 4. 2. conditions to each loan article