AMENDMENT NO. 1 TO TRUST AGREEMENT
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This Amendment No. 1 to Trust Agreement of Summit Tax Exempt Trust (the
"Trust"), dated as of April 30, 1997 (this "Amendment"), is entered into between
Related Capital Company, as "Depositor," and Wilmington Trust Company, not in
its individual capacity, but solely as trustee of the Trust (the "Trustee").
WHEREAS, the parties hereto created a business trust pursuant to the
Delaware Business Trust Act (12 Del. C. [Section] 3801, et seq.) by entering
into a Trust Agreement, dated as of August 12, 1996 (the "Original Agreement"),
and by the execution and filing by the Trustee with the Secretary of State of
the State of Delaware of the Certificate of Trust on August 12, 1996; and
WHEREAS, the parties hereto desire to amend the Original Agreement to
change the name of the Trust to "Charter Municipal Mortgage Acceptance Company".
IN WITNESS WHEREOF, the undersigned, intending to be legally bound hereby,
amend the Original agreement as follows:
1. Section 1(a) of the Original Agreement is hereby amended by deleting
the words "Summit Tax Exempt Trust" and replacing those words with the words
"Charter Municipal Mortgage Acceptance Company". As a result of such change, the
first sentence of Section 1(a) of the Original Agreement shall read, in its
entirety, as follows:
1. Creation of Trust.
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(a) The trust created hereby shall be known as Charter Muncipal
Mortgage Acceptance Company (the "Trust"), in which name the Trustee may
conduct the business of the Trust, make and execute contracts, and xxx and
be sued.
2. This Amendment shall be binding upon, and shall enure to the benefit
of, the parties hereto and their respective successors and assigns.
3. Except to the extent modified hereby, the Original Agreement shall
remain in full force and effect.
4. This Amendment may be executed in counterparts, all of which together
shall constitute one agreement binding on all parties hereto, notwithstanding
that all such parties are not signatories to the original or same counterpart.
5. This Amendment shall be interpreted in accordance with the laws of the
State of Delaware (without regard to conflict of laws principles), all rights
and remedies being governed by such laws.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
duly executed as of the date first above written.
RELATED CAPITAL COMPANY,
as Depositor
By: SJB Associates, L.P., as general partner
By: SJB Associates, Inc., as general partner
By: /s/ Xxxxxx X. Xxxxxx
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Name: Xxxxxx X. Xxxxxx
Title: President
WILMINGTON TRUST COMPANY,
not in its individual capacity
but solely as Trustee
By: /s/ Xxxxx X. Xxxxx
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Name: Xxxxx X. Xxxxx
Title: Vice President
