0001275477-08-000042 Sample Contracts

SECOND AMENDED AND RESTATED TRUST AGREEMENT among BIMINI MORTGAGE MANAGEMENT, INC., as Depositor JPMORGAN CHASE BANK, NATIONAL ASSOCIATION as Property Trustee CHASE BANK USA, NATIONAL ASSOCIATION, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES...
Trust Agreement • November 6th, 2008 • Bimini Capital Management, Inc. • Real estate investment trusts • Delaware

This Second Amended and Restated Trust Agreement, dated as of September 26, 2005 (as amended and restated, the “Trust Agreement”), among (i) Bimini Mortgage Management, 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) Jeffrey J. Zimmer, an individual, Robert E. Cauley, an individual, and Amber K. Luedke, an individual, each of whose address is c/o Bimini Mortgage Management, Inc., 3305 Flamingo Drive, Vero Beach, FL 32963, 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 Holder

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AMENDED & RESTATED JUNIOR SUBORDINATED INDENTURE between BIMINI MORTGAGE MANAGEMENT, INC. and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as Trustee Dated as of September 26, 2005
Bimini Capital Management, Inc. • November 6th, 2008 • Real estate investment trusts • New York

This Amended & Restated Junior Subordinated Indenture (as amended and restated, the “Indenture”), dated as of September 26, 2005, between Bimini Mortgage Management, 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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