0001104659-05-013482 Sample Contracts

AMENDMENT NO. 2 TO THE FOG CUTTER LONG TERM VESTING TRUST
Fog Cutter Capital Group Inc • March 30th, 2005 • Real estate investment trusts • Delaware

Amendment No. 2 to the Fog Cutter Long Term Vesting Trust Agreement dated as of May 26, 2004 (the “Amendment”), between Fog Cutter Capital Group Inc., a Maryland corporation and the successor in interest to Wilshire Real Estate Investments Inc. (the “Company”), and David Dale-Johnson, Don H. Coleman and Andrew Wiederhorn (hereinafter referred to, individually and collectively, as the “Trustee” or “Trustees”) to the Fog Cutter Long Term Vesting Trust Agreement made as of the 1st day of October, 2000 by and between the Company and the Trustees, as amended from time to time (the “Trust Agreement”).

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AMENDMENT NO 1 TO RIGHTS AGREEMENT dated as of May 1, 2004 between FOG CUTTER CAPITAL GROUP INC. and THE BANK OF NEW YORK as Rights Agent
Rights Agreement • March 30th, 2005 • Fog Cutter Capital Group Inc • Real estate investment trusts • New York

AMENDMENT NO 1 TO RIGHTS AGREEMENT, dated as of May 1, 2004 (the “Amendment”), between FOG CUTTER CAPITAL GROUP INC., a Maryland corporation (the “Corporation”) and THE BANK OF NEW YORK, a New York banking corporation (the “Rights Agent”) to the Rights Agreement, dated as of October 18, 2002 (the “Rights Agreement”), between the Corporation and the Rights Agent.

AMENDMENT TO LONG TERM VESTING TRUST
Fog Cutter Capital Group Inc • March 30th, 2005 • Real estate investment trusts • Delaware

AMENDMENT TO LONG TERM VESTING TRUST, dated as of September 19, 2002 (this “Amendment”), by and between Fog Cutter Capital Group Inc. (the “Company”) and Andrew A. Wiederhorn, Don Coleman and David Dale-Johnson (hereinafter referred to, individually and collectively, as the “Trustee” or “Trustees”).

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