0001193125-03-096522 Sample Contracts

GUARANTEE AGREEMENT by and between AMERICAN COMMUNITY BANCSHARES, INC. and Dated as of December 15, 2003
Guarantee Agreement • December 18th, 2003 • American Community Bancshares Inc • Savings institution, federally chartered • New York

This GUARANTEE AGREEMENT (this “Guarantee”), dated as of December 15, 2003, is executed and delivered by American Community Bancshares, Inc., a North Carolina corporation (the “Guarantor”), and U.S. Bank National Association, a national banking association, organized under the laws of the United States of America, 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 American Community Capital Trust II, Ltd., a Connecticut statutory trust (the “Issuer”).

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