0001193125-04-112508 Sample Contracts

INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE
Instrument of Resignation, Appointment and Acceptance • July 1st, 2004 • J P Morgan Chase & Co • National commercial banks

This INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE, dated as of , 2004 (this “Instrument”), among Bank One Corporation, as the sponsor and the sole holder of common securities (the “Common Securityholder”) of each of the Delaware statutory trusts set forth on Exhibit A attached hereto (the “Trusts”), J. P. Morgan Chase & Co., a Delaware corporation, as successor to Bank One Corporation as the sponsor and the sole holder of common securities of the Trusts (the “Successor”), JPMorgan Chase Bank (as successor to The Chase Manhattan Bank), a New York banking corporation (the “Resigning Institutional Trustee”), The Bank of New York, a New York banking corporation (the “Successor Institutional Trustee”), Chase Manhattan Bank USA, National Association (formerly known as Chase Manhattan Bank Delaware), a national banking association (the “Resigning Delaware Trustee”), The Bank of New York (Delaware), a Delaware banking corporation (the “Successor Delaware Trustee”), and each of the Tru

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