FORM OF GUARANTEE AGREEMENT Between [HOMEBANC CORP.][HOMEBANC MORTGAGE CORPORATION] as Guarantor, and WILMINGTON TRUST COMPANY as Guarantee Trustee, Dated as of [Closing Date]Guarantee Agreement • August 30th, 2005 • HMB Capital Trust III • Real estate investment trusts • New York
THIS GUARANTEE AGREEMENT, dated as of [Closing Date], is executed and delivered by [HOMEBANC CORP., a Georgia corporation][HOMEBANC MORTGAGE CORPORATION, a Delaware Corporation] (the “Guarantor”), having its principal office at 2002 Summit Boulevard, Atlanta, Georgia, 30319, and WILMINGTON TRUST COMPANY, a Delaware banking corporation, as trustee (the “Guarantee Trustee”), for the benefit of the Holders (as defined herein) from time to time of the Preferred Capital Securities (as defined herein) of HMB CAPITAL TRUST [ ], a Delaware statutory trust (the “Issuer Trust”).
FORM OF AMENDED AND RESTATED DECLARATION OF TRUST Among [HOMEBANC CORP.][HOMEBANC MORTGAGE CORPORATION] as Depositor, WILMINGTON TRUST COMPANY as Property Trustee, WILMINGTON TRUST COMPANY, as Delaware Trustee, and John Kubiak and James Krakau as...Declaration of Trust • August 30th, 2005 • HMB Capital Trust III • Real estate investment trusts • Delaware
THIS AMENDED AND RESTATED DECLARATION OF TRUST, dated as of , is by and among (i) [HomeBanc Corp., a Georgia corporation][HomeBanc Mortgage Corporation, a Delaware corporation] (including any successors or assigns, the “Depositor”), (ii) Wilmington Trust Company, a Delaware banking corporation, as property trustee (in such capacity, the “Property Trustee” and, in its separate corporate capacity and not in its capacity as Property Trustee or Delaware Trustee, the “Bank”), (iii) Wilmington Trust Company, a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”) (the Property Trustee and the Delaware Trustee are referred to collectively herein as the “Issuer Trustees”), (iv) the Administrators, as hereinafter defined, and (v) the several Holders, as hereinafter defined.
