0001193125-03-073450 Sample Contracts

GUARANTEE AGREEMENT COMMERCIAL FEDERAL CORPORATION Dated as of September 25, 2003
Guarantee Agreement • November 5th, 2003 • Commercial Federal Corp • Savings institution, federally chartered • New York

This GUARANTEE AGREEMENT (the “Guarantee”), dated as of September 25, 2003, is executed and delivered by Commercial Federal Corporation, a savings and loan holding company incorporated in Nebraska (the “Guarantor”), and Wilmington Trust Company, a Delaware banking corporation, as trustee (the “Guarantee Trustee”), for the benefit of the Holders (as defined herein) from time to time of the Capital Securities (as defined herein) of Commercial Federal Capital Trust I, a Delaware statutory trust (the “Issuer”).

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