AMENDMENT NUMBER ONE to the POOLING AND SERVICING AGREEMENT Series 2003-HE1 Dated as of December 1, 2003 among BEAR STEARNS ASSET BACKED SECURITIES, INC., as Depositor EMC MORTGAGE CORPORATION, as Seller and Master Servicer and LASALLE BANK NATIONAL ASSOCIATION, as Trustee This AMENDMENT NUMBER ONE is made and entered into this 15th day of April, 2004, by and among BEAR STEARNS ASSET BACKED SECURITIES, INC., a Delaware corporation, as depositor (the "Depositor"), EMC MORTGAGE CORPORATION, a Delaware corporation, as seller (in such capacity, the "Seller") and as master servicer (in such capacity, the "Master Servicer") and LASALLE BANK NATIONAL ASSOCIATION, a national banking association, not in its individual capacity, but solely as trustee (the "Trustee"), in connection with the Pooling and Servicing Agreement dated as of December 1, 2003 among the above mentioned parties (the "Agreement"), and the issuance of Asset-Backed Certificates, Series 2003-HE1. This amendment is made pursuant to Section 11.01 of the Agreement. 1. Capitalized terms used herein and not defined herein shall have the meanings assigned to such terms in the Agreement. 2. Section 8.01(viii)) is hereby amended effective as of the date hereof by deleting the words in such clause in its entirety and replacing it with the following: "(viii) any draw on the Class III-A Policy, if Certificate Insurer Default has occurred and is not continuing; provided that if the Master Servicer is EMC Mortgage Corporation, the Master Servicer shall not be in default pursuant to this clause if the direct or indirect parent of EMC Mortgage Corporation is rated at least "BBB" by Standard & Poor's or "Baa2" by Moody's. 3. Except as amended above, the Agreement shall continue to be in full force and effect in accordance with its terms. IN WITNESS WHEREOF, the Depositor, the Master Servicer, the Seller, the Trustee and the Certificate Insurer have caused their names to be signed hereto by their respective officers thereunto duly authorized as of the day and year first above written. BEAR STEARNS ASSET BACKED SECURITIES, INC., as Depositor By: /s/ Baron Silverstein -------------------------------------------- Name: Baron Silverstein Title: Vice President EMC MORTGAGE CORPORATION, as Seller and Master Servicer By: /s/ Dana Dillard -------------------------------------------- Name: Dana Dillard Title: Senior Vice President LASALLE BANK NATIONAL ASSOCIATION as Trustee By: /s/ Christopher Lewis ------------------------------------------- Name: Christopher Lewis Title: Assistant Vice President ASSURED GUARANTY CORP., F/K/A ACE GUARANTY CORP. as Certificate Insurer By: /s/ Howard W. Albert -------------------------------------------- Name: Howard W. Albert Title: Executive Vice President, Chief Risk & Underwriting Officer -2-