0001047469-08-010176 Sample Contracts

PREFERRED SECURITIES GUARANTEE AGREEMENT BY AND BETWEEN FIRST BUSEY CORPORATION AND WILMINGTON TRUST COMPANY Dated as of , 2008
Preferred Securities Guarantee Agreement • September 19th, 2008 • First Busey Statutory Trust V • State commercial banks • Delaware

THIS PREFERRED SECURITIES GUARANTEE AGREEMENT (this “Preferred Securities Guarantee”), dated as of , 2008, is executed and delivered by FIRST BUSEY CORPORATION, a Nevada corporation (the “Guarantor”), and WILMINGTON TRUST COMPANY, a Delaware banking corporation, as trustee (the “Preferred Guarantee Trustee”), for the benefit of the Holders (as defined herein) from time to time of the Preferred Securities (as defined herein) of FIRST BUSEY STATUTORY TRUST V, a Delaware statutory trust (the “Trust”).

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FIRST BUSEY CORPORATION and WILMINGTON TRUST COMPANY, as Trustee INDENTURE . % SUBORDINATED DEBENTURES DUE 2038 Dated as of , 2008
Indenture • September 19th, 2008 • First Busey Statutory Trust V • State commercial banks • Delaware

Indenture, dated as of , 2008, between FIRST BUSEY CORPORATION, a Nevada corporation (the “Company”) and WILMINGTON TRUST COMPANY, a Delaware banking corporation duly organized and existing under the laws of the State of Delaware, as trustee (the “Trustee”);

TRUST AGREEMENT
Trust Agreement • September 19th, 2008 • First Busey Statutory Trust V • State commercial banks • Delaware

TRUST AGREEMENT, dated as of September 9, 2008 by and between First Busey Corporation, a Nevada corporation, as “Depositor,” and Wilmington Trust Company, a Delaware banking corporation, as “Trustee.”

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