0001193125-05-022121 Sample Contracts

ADVANCES AND SECURITY AGREEMENT
Advances and Security Agreement • February 8th, 2005 • Bankunited Financial Corp • Savings institution, federally chartered • Georgia

This ADVANCES AND SECURITY AGREEMENT (this “Agreement”), dated as of the earlier of the date of execution by the Bank (as hereinafter defined) and February 15, 2005 is entered into between BankUnited, FSB, a a savings and loan association organized under the laws of and located in the state of Florida, having its principal place of business at 255 Alhambra Circle 2nd Floor, Coral Gables, FL 33134-5420 (the “Borrower”) and the Federal Home Loan Bank of Atlanta, a corporation organized and existing under the laws of the United States, having its principal office at 1475 Peachtree Street, N.E., Atlanta, Georgia 30309 (the “Bank”).

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Form of Affiliate Joinder Agreement
Joinder Agreement • February 8th, 2005 • Bankunited Financial Corp • Savings institution, federally chartered • Georgia

THIS JOINDER AGREEMENT (the “Agreement”), dated as of [Insert Date], is among [Insert Name of Affiliate], a [Insert Type of Organization and Jurisdiction of Organization], having its principal place of business at [Insert Address] (“Affiliate”), [Insert Name of Borrower] (“Borrower”) and the Federal Home Loan Bank of Atlanta (“Bank”). The Affiliate wishes to provide security and credit support to the Borrower under the Advances and Security Agreement, dated as of [Insert Date of Agreement], between the Borrower and the Bank (the “Advances and Security Agreement”). The Bank has agreed to accept such security and credit support of Affiliate subject to the terms and conditions of this Agreement. All of the defined terms in the Advances and Security Agreement are incorporated herein by reference.

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