0001193125-08-141001 Sample Contracts

GUARANTEE AGREEMENT NEXITY FINANCIAL CORPORATION JUNE 20, 2008

Guarantee Agreement • June 26th, 2008 • Nexity Financial Corp • State commercial banks • Alabama

• Contract Type
  Guarantee Agreement
• Filed
  June 26th, 2008
• Company
  Nexity Financial Corp
• Industry
  State commercial banks
• Jurisdiction
  Alabama

This GUARANTEE AGREEMENT (the “Guarantee”), dated as of June 20, 2008, is executed and delivered by Nexity Financial Corporation, a Delaware corporation (the “Guarantor”), 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 Preferred Securities (as defined herein) of Nexity Capital Trust III, a Delaware statutory business trust (the “Issuer”).

AMENDED AND RESTATED TRUST AGREEMENT OF NEXITY CAPITAL TRUST III JUNE 20, 2008

Trust Agreement • June 26th, 2008 • Nexity Financial Corp • State commercial banks • Delaware

• Contract Type
  Trust Agreement
• Filed
  June 26th, 2008
• Company
  Nexity Financial Corp
• Industry
  State commercial banks
• Jurisdiction
  Delaware

AMENDED AND RESTATED TRUST AGREEMENT (“Trust Agreement”) dated and effective as of June 20, 2008, by the Trustees (as defined herein), the Company (as defined herein) and by the Holders (as defined herein), from time to time, of undivided beneficial interests in the Trust to be issued pursuant to this Trust Agreement;