0001047469-08-009094 Sample Contracts

AMENDED AND RESTATED TRUST AGREEMENT among TCF FINANCIAL CORPORATION, as Depositor, WILMINGTON TRUST COMPANY, as Property Trustee, WILMINGTON TRUST COMPANY, as Delaware Trustee, THE ADMINISTRATIVE TRUSTEES NAMED HEREIN, and THE SEVERAL HOLDERS (AS...
Trust Agreement • August 11th, 2008 • TCF Capital I • National commercial banks • Delaware

AMENDED AND RESTATED TRUST AGREEMENT, dated as of August [ • ], 2008, among (i) TCF Financial Corporation, a Delaware corporation (including any successors or assigns, the "Depositor"), (ii) Wilmington Trust Company, a Delaware banking corporation, as property trustee (in such capacity, the "Property Trustee" and, in its separate corporate capacity and not in its capacity as Property Trustee, the "Bank"), (iii) Wilmington Trust Company, a Delaware banking corporation, as Delaware trustee (the "Delaware Trustee"), (iv) James S. Broucek, an individual, and Christy A. Powers, an individual, each of whose address is c/o TCF Financial Corporation, 200 Lake Street East, Wayzata, Minnesota 55391-1693 (each, an "Administrative Trustee," and, collectively, the "Administrative Trustees") (the Property Trustee, the Delaware Trustee and the Administrative Trustees, collectively, the "Trustees") and (v) the several Holders, as hereinafter defined.

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GUARANTEE AGREEMENT Between TCF FINANCIAL CORPORATION, as Guarantor, and WILMINGTON TRUST COMPANY, as Trustee, dated as of August [ • ], 2008
Guarantee Agreement • August 11th, 2008 • TCF Capital I • National commercial banks • New York

This Cross-Reference Table does not constitute part of the Guarantee Agreement and shall not affect the interpretation of any of its terms or provisions.

TRUST AGREEMENT OF TCF CAPITAL I
Trust Agreement • August 11th, 2008 • TCF Capital I • National commercial banks • Delaware

This TRUST AGREEMENT is made as of July 24, 2008 (this "Trust Agreement"), by and among TCF Financial Corporation, a Delaware corporation (including any successors or assigns, the "Depositor"), Wilmington Trust Company, a Delaware banking corporation, as Delaware trustee (the "Delaware Trustee"), and James S. Broucek, an individual, and Christy A. Powers, an individual, each of whose address is c/o TCF Financial Corporation, 200 Lake Street East, Wayzata, Minnesota 55391-1693 (each, an "Administrative Trustee" and collectively the "Administrative Trustees") (the Delaware Trustee and the Administrative Trustees, collectively, the "Trustees"). The Depositor and the Trustees hereby agree as follows:

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