0001104659-05-010849 Sample Contracts

TRUST AGREEMENT
Trust Agreement • March 14th, 2005 • Mercantile Bankshares Corp • State commercial banks • Delaware

THIS TRUST AGREEMENT (the “Trust Agreement”) is made and entered into as of this day of , 2005, between Mercantile Bankshares Corporation, a Maryland corporation (the “Sponsor”) and Wilmington Trust Company, a Delaware corporation (the “Trustee”), to evidence the trust (the “Trust”) to be established, pursuant to the Mercantile Bankshares Corporation Deferred Compensation Plan (the “Plan”), for the benefit of a select group of management or highly compensated employees of the Sponsor and any affiliate thereof that has adopted the Plan in accordance with its terms (a “Company”). Each Company is listed on Exhibit B hereto and has adopted or will adopt the Trust.

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