FIRST AMENDED AND RESTATED TRUST AGREEMENTTrust Agreement • May 2nd, 2005 • USB Capital XII • National commercial banks • Delaware
Contract Type FiledMay 2nd, 2005 Company Industry JurisdictionThis FIRST AMENDED AND RESTATED TRUST AGREEMENT (this “Trust Agreement”), dated as of April 27, 2005 is entered into by and among (i) U.S. Bancorp, a Delaware corporation (the “Depositor”), (ii) Delaware Trust Company, National Association, a national banking association organized and existing under the laws of the United States of America, as trustee of the Trust (the “Replacement Trustee”), and (iii) David M. Moffett, Daryl N. Bible and Lee R. Mitau, each an individual employed by the Depositor, as administrative trustees of the Trust (each of such trustees in (iii), an “Administrative Trustee” and collectively with the Replacement Trustee, the “Trustees”).
TRUST AGREEMENT OF USB CAPITAL VIIITrust Agreement • May 2nd, 2005 • USB Capital XII • National commercial banks • Delaware
Contract Type FiledMay 2nd, 2005 Company Industry JurisdictionThis TRUST AGREEMENT of USB CAPITAL VIII (the “Trust”), dated as of April 27, 2005, among (i) U.S. Bancorp, a Delaware corporation (the “Depositor”), (ii) Delaware Trust Company, National Association, a national banking association organized and existing under the laws of the United States of America, as trustee of the Trust, and (iii) David M. Moffett, Daryl N. Bible and Lee R. Mitau, each an individual employed by the Depositor, as administrative trustees of the Trust (each of such trustees in (ii) and (iii), a “Trustee” and collectively, the “Trustees”). The Depositor and the Trustees hereby agree as follows: