AMENDED AND RESTATED TRUST AGREEMENT Among MOUNTAIN NATIONAL BANCSHARES, INC. as Depositor, WILMINGTON TRUST COMPANY as Property Trustee, WILMINGTON TRUST COMPANY, as Delaware Trustee, and Dwight B. Grizzell Michael L. Brown and Richard Hubbs as...Trust Agreement • May 17th, 2004 • Mountain National Bancshares Inc • National commercial banks • Delaware
THIS AMENDED AND RESTATED TRUST AGREEMENT, dated as of November 7, 2003, is by and among (i) Mountain National Bancshares, a Tennessee corporation (including any successors or assigns, the “Depositor”), (ii) Wilmington Trust Company, a Delaware banking corporation, as property trustee (in such capacity, the “Property Trustee” and, in its separate corporate capacity and not in its capacity as Property Trustee or Delaware Trustee, the “Bank”), (iii) Wilmington Trust Company, a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”) (the Property Trustee and the Delaware Trustee are referred to collectively herein as the “Issuer Trustees”), (iv) the Administrators, as hereinafter defined, and (v) the several Holders, as hereinafter defined.
GUARANTEE AGREEMENT Between MOUNTAIN NATIONAL BANCSHARES, INC. as Guarantor, and WILMINGTON TRUST COMPANY as Guarantee Trustee, Dated as of November 7, 2003Guarantee Agreement • May 17th, 2004 • Mountain National Bancshares Inc • National commercial banks • New York
THIS GUARANTEE AGREEMENT, dated as of November 7, 2003, is executed and delivered by Mountain National Bancshares, Inc., a Tennessee corporation (the “Guarantor”), having its principal office at 300 East Main Street, Sevierville, Tennessee 37862, 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 MNB CAPITAL TRUST I, a Delaware statutory trust (the “Issuer Trust”).
