0000947871-11-000713 Sample Contracts

REGIONAL BANK HOLDRS TRUST AMENDMENT NO. 1 TO THE DEPOSITARY TRUST AGREEMENT
Depositary Trust Agreement • August 15th, 2011 • Regional Bank Holders Sm Trust • Asset-backed securities • New York

AMENDMENT NO. 1 TO THE DEPOSITARY TRUST AGREEMENT (this “Amendment”), dated as of August 11, 2011, between Merrill Lynch, Pierce, Fenner & Smith Incorporated, as initial depositor (the “Initial Depositor”), and The Bank of New York Mellon (formerly known as The Bank of New York), as trustee (the “Trustee”), all Depositors and all Owners and Beneficial Owners from time to time of Depositary Trust Receipts issued under the Depositary Trust Agreement referred to below.

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