0001104659-02-001052 Sample Contracts

AMENDED AND RESTATED TRUST AGREEMENT
Trust Agreement • March 28th, 2002 • Community First Bankshares Inc • State commercial banks • Delaware

AMENDED AND RESTATED TRUST AGREEMENT, dated as of March 27, 2002, among (i) Community First Bankshares, Inc., a Delaware corporation (including any successors or assigns, the “Depositor”), (ii) Wilmington Trust Company, a Delaware banking corporation duly organized and existing under the laws of the State of Delaware, as property trustee (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 duly organized and existing under the laws of the State of Delaware, as Delaware trustee (the “Delaware Trustee,” and, in its separate corporate capacity and not in its capacity as Delaware Trustee, the “Delaware Bank”), (iv) Mark A. Anderson, an individual, Craig A. Weiss, an individual, and Thomas R. Anderson, an individual, each of whose address is c/o Community First Bankshares, Inc. (each an “Administrative Trustee” and collectively the “Administrative Trustees”) (t

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CAPITAL SECURITIES GUARANTEE AGREEMENT COMMUNITY FIRST BANKSHARES, INC. AND WILMINGTON TRUST COMPANY DATED: March 27, 2002
Capital Securities Guarantee Agreement • March 28th, 2002 • Community First Bankshares Inc • State commercial banks • Minnesota

This GUARANTEE AGREEMENT (the “Capital Securities Guarantee”), dated as of March 27, 2002, is executed and delivered by Community First Bankshares, Inc., a Delaware corporation (the “Guarantor”), and Wilmington Trust Company, as trustee (the “Capital Guarantee Trustee”), for the benefit of the Holders (as defined herein) from time to time of the Capital Securities (as defined herein) of CFB Capital III, a Delaware statutory business trust (“CFB Capital”).

Capital Securities CFB Capital III (Liquidation Preference of $25 per Capital Security) PURCHASE AGREEMENT
Purchase Agreement • March 28th, 2002 • Community First Bankshares Inc • State commercial banks • Minnesota
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