0001327603-09-000002 Sample Contracts

FIRST SUPPLEMENTAL INDENTURE
First Supplemental Indenture • March 27th, 2009 • Vestin Realty Mortgage II, Inc • Real estate investment trusts • New York

THIS FIRST SUPPLEMENTAL INDENTURE (this "Supplemental Indenture"), dated as of February 3, 2009 (the "Effective Date"), is entered into by and among VESTIN REALTY MORTGAGE II, INC., a Maryland corporation (the "Company"), THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION, a national banking association, as successor trustee to The Bank of New York Trust Company, National Association (the "Trustee"), and, solely as to the provisions of Article III, TABERNA PREFERRED FUNDING VIII, LTD. ("TPF VIII"), TABERNA PREFERRED FUNDING IX, LTD. ("TPF IX") and VESTIN II CAPITAL TRUST I ("Vestin Capital").

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March 25, 2009 Michael Fralin Managing Director Taberna Capital Management, LLC
Vestin Realty Mortgage II, Inc • March 27th, 2009 • Real estate investment trusts
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