0001193125-05-102834 Sample Contracts

ADVANCES AND SECURITY AGREEMENT
Advances and Security Agreement • May 10th, 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 assocation 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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Amendment No. 3 to Employment Agreement
Employment Agreement • May 10th, 2005 • Bankunited Financial Corp • Savings institution, federally chartered

This Amendment No. 3 (this “Amendment”) to the Employment Agreement entered into as of August 21, 2002, as amended on August 23, 2002 and November 19, 2003 (the “Agreement”) is made by and between BankUnited Financial Corporation (the “Company”) and Ramiro Ortiz (“Executive”) and is effective as of this 25th day of January, 2005.

JOINDER AGREEMENT
Joinder Agreement • May 10th, 2005 • Bankunited Financial Corp • Savings institution, federally chartered • Georgia

THIS JOINDER AGREEMENT (the “Agreement”), dated as of the earlier of the date of execution by the Bank (as hereinafter defined) and February 15, 2005, is among BU REIT, Inc., a Florida corporation, having its principal place of business at 7815 N.W. 148th Street, Miami Lakes, FL 33016 (the “Affiliate”), BankUnited, FSB (the “Borrower”), and the Federal Home Loan Bank of Atlanta (the “Bank”). The Affiliate wishes to provide security and credit support to the Borrower under the Advances and Security Agreement, dated as of the earlier of the date of execution by the Bank and February 15, 2005, between the Borrower and the Bank (the “Advances and Security Agreement”). The Bank has agreed to accept such security and credit support of the 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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