SECOND AMENDED AND RESTATED TRUST AGREEMENT among HOMEBANC CORP., as Depositor WELLS FARGO BANK, NATIONAL ASSOCIATION, as Property Trustee WELLS FARGO DELAWARE TRUST COMPANY, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN as...Trust Agreement • September 1st, 2005 • Homebanc Corp • Real estate investment trusts • Delaware
THIS SECOND AMENDED AND RESTATED TRUST AGREEMENT, dated as of August 29, 2005 (as amended and restated, the “Trust Agreement”, among (i) HomeBanc Corp., a Georgia corporation (including any successors or permitted assigns, the “Depositor”), (ii) Wells Fargo Bank, National Association, as property trustee (in such capacity, the “Property Trustee”), (iii) Wells Fargo Delaware Trust Company, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) James Krakau and John Kubiak, each of whose address is c/o 2002 Summit Blvd., Suite 100, Atlanta, GA 30319 as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”) and (v) the several Holders, as hereinafter defined.
AMENDED AND RESTATED JUNIOR SUBORDINATED INDENTURE between HOMEBANC CORP. and WELLS FARGO BANK, NATIONAL ASSOCIATION, as TrusteeHomebanc Corp • September 1st, 2005 • Real estate investment trusts • New York
THIS AMENDED AND RESTATED JUNIOR SUBORDINATED INDENTURE, dated as of August 29, 2005, between HomeBanc Corp. a Georgia corporation (the “Company”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking corporation, as Trustee (in such capacity, the “Trustee”).
