0000950134-07-004588 Sample Contracts

SECOND SUPPLEMENTAL INDENTURE
Supplemental Indenture • March 1st, 2007 • Archstone Smith Operating Trust • Real estate investment trusts • New York

SECOND SUPPLEMENTAL INDENTURE, dated as of August 2, 2004 (this “Supplemental Indenture”), by and between ARCHSTONE-SMITH OPERATING TRUST (formerly known as Property Trust of America and as Archstone Communities Trust), a real estate investment trust organized under the laws of the State of Maryland having its principal office at 9200 E. Panorama Circle, Suite 400, Englewood, Colorado 80112 (hereinafter sometimes called the “Company”), and U.S. BANK NATIONAL ASSOCIATION (as successor in interest to State Street Bank and Trust Company), having a corporate trust office at Corporate Trust Services, 100 Wall Street, Suite 1600, New York, New York 10005, as successor Trustee under the Base Indenture (defined below) (the “Trustee”).

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ARCHSTONE-SMITH OPERATING TRUST as Issuer and U.S. BANK NATIONAL ASSOCIATION as Trustee THIRD SUPPLEMENTAL INDENTURE Dated as of July 14, 2006 4.00% Exchangeable Senior Notes Due 2036
Third Supplemental Indenture • March 1st, 2007 • Archstone Smith Operating Trust • Real estate investment trusts • New York

THIRD SUPPLEMENTAL INDENTURE dated as of July 14, 2006 (the “Third Supplemental Indenture”), by and between ARCHSTONE-SMITH OPERATING TRUST (formerly known Archstone Communities Trust and prior thereto as Security Capital Pacific Trust and Property Trust of America), a real estate investment trust organized under the laws of the State of Maryland having its principal office at 9200 E. Panorama Circle, Suite 400, Englewood, Colorado 80112 (hereinafter sometimes called the “Company”), and U.S. BANK NATIONAL ASSOCIATION (as successor in interest to State Street Bank and Trust Company), a national banking association having a corporate trust office at 100 Wall Street, Suite 1600, New York, New York 10005, as successor trustee under the Base Indenture (as defined below)(the “Trustee”).

Contract
Supplemental Indenture • March 1st, 2007 • Archstone Smith Operating Trust • Real estate investment trusts • New York

FIRST SUPPLEMENTAL INDENTURE, dated as of February 2, 1994, by and among PROPERTY TRUST OF AMERICA, a real estate investment trust organized under the laws of the State of Maryland having its principal office at 1790 Commerce Park Drive, El Paso, Texas 79912 (hereinafter sometimes called the “Company”), MORGAN GUARANTY TRUST COMPANY OF NEW YORK, a banking corporation organized under the laws of the State of New York having its principal corporate trust office at 60 Wall Street, New York, New York 10260, as Trustee under the Indenture (as hereinafter defined) (the “Resigning Trustee”), and STATE STREET BANK AND TRUST COMPANY, a Massachusetts banking corporation having its principal corporate trust office at 225 Franklin Street, Boston, Massachusetts 02110, as successor Trustee under the Indenture (the “Successor Trustee”).

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