0001274055-06-000044 Sample Contracts

JUNIOR SUBORDINATED INDENTURE between DESERT CAPITAL REIT, INC. and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as Trustee Dated as of June 16, 2006
Junior Subordinated Indenture • November 8th, 2006 • Desert Capital Reit Inc • Real estate investment trusts • New York

Junior Subordinated Indenture, dated as of June 16, 2006, between Desert Capital REIT, Inc. a Maryland corporation (the “Company”), and JPMorgan Chase Bank, National Association, a national banking association, as Trustee (in such capacity, the “Trustee”).

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AMENDED AND RESTATED TRUST AGREEMENT among DESERT CAPITAL REIT, INC., as Depositor JPMORGAN CHASE BANK, NATIONAL ASSOCIATION as Property Trustee CHASE BANK USA, NATIONAL ASSOCIATION, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN as...
Trust Agreement • November 8th, 2006 • Desert Capital Reit Inc • Real estate investment trusts • Delaware

This Amended And Restated Trust Agreement, dated as of June 16, 2006, among (i) Desert Capital REIT, Inc., a Maryland corporation (including any successors or permitted assigns, the “Depositor”), (ii) JPMorgan Chase Bank, National Association, a national banking association, as property trustee (in such capacity, the “Property Trustee”), (iii) Chase Bank USA, National Association, a national banking association, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) Todd B. Parriott, an individual, Jonathan G. Arens, an individual and Erin Linnemeyer, an individual, each of whose address is c/o Desert Capital REIT, Inc., 1291 Galleria Drive, Suite 200, Henderson, NV 89014, 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.

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