First Merchants Capital Trust IV Sample Contracts

FIRST MERCHANTS CAPITAL TRUST III AMENDED AND RESTATED TRUST AGREEMENT NO. 1
Trust Agreement • March 31st, 2009 • First Merchants Capital Trust IV • National commercial banks • Delaware

This AMENDED AND RESTATED TRUST AGREEMENT NO. 1, dated as of March 18, 2009 (this “Trust Agreement”), is among (i) FIRST MERCHANTS CORPORATION, an Indiana corporation, as depositor (the “Depositor”), (ii) U.S. BANK TRUST NATIONAL ASSOCIATION (“USBTNA”), a national banking association, as trustee, and (iii) Michael C. Rechin, Jami L. Bradshaw and Mark K. Hardwick, each an individual, as trustees (each of such trustees in (ii) and (iii) a “Trustee” and collectively, the “Trustees”).

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FIRST MERCHANTS CAPITAL TRUST IV TRUST AGREEMENT
Trust Agreement • March 31st, 2009 • First Merchants Capital Trust IV • National commercial banks • Delaware

This TRUST AGREEMENT, dated as of March 18, 2009 (this “Trust Agreement”), among (i) First Merchants Corporation, an Indiana corporation (the “Depositor”), (ii) U.S. Bank Trust National Association (“USBTNA”), a national banking association, as trustee, and (iii) Michael C. Rechin, Jami L. Bradshaw and Mark K. Hardwick, each an individual, as trustees (each of such trustees in (ii) and (iii) a “Trustee” and collectively, the “Trustees”). The Depositor and the Trustees hereby agree as follows:

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