AMENDED AND RESTATED TRUST AGREEMENTTrust Agreement • December 1st, 2006 • California
Contract Type FiledDecember 1st, 2006 Jurisdictionby and among THE BANK OF NEW YORK TRUST COMPANY, N.A., a national banking association, as successor-in-interest to BNY Western Trust Company, a state banking corporation organized under the laws of the State of California, as trustee (the “Trustee”), the COSTA MESA PUBLIC FINANCING AUTHORITY, a joint exercise of powers authority duly organized and existing under the laws of the State of California, as Lessor under the Lease hereinafter referred to (the “Authority”), and the CITY OF COSTA MESA, a municipal corporation and general law city duly organized and existing under the Constitution and laws of the State of California, as lessee under the Lease (the “City”), amends and restates in its entirety that certain Trust Agreement, dated as of October 1, 2003, by and among the Trustee, the Authority and the City, and constitutes a supplemental agreement executed pursuant to Section 2.12 thereof for the purpose of facilitating the execution and delivery of the 2007 Certificates (as defined