FIRST AMENDMENT TO AMENDED AND RESTATED TRUST AGREEMENTTrust Agreement • June 10th, 2009 • Vestin Realty Mortgage II, Inc • Real estate investment trusts • Delaware
THIS FIRST AMENDMENT TO AMENDED AND RESTATED TRUST AGREEMENT (this “Amendment”), dated as of May 27, 2009, is entered into by and among (i) Vestin Realty Mortgage II, Inc., a Maryland corporation (including any successors or permitted assigns, the “Depositor”), (ii) 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, as property trustee (in such capacity, the “Property Trustee”), (iii) Michael V. Shustek, an individual, Daniel Stubbs, an individual, and Rocio Revollo, an individual, each of whose address is c/o Vestin Realty Mortgage II, Inc., 6149 S. Rainbow Blvd., Las Vegas, Nevada 89118, 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 (iv) Taberna Preferred Funding VIII, Ltd. (“TPF VIII”) and
SECOND SUPPLEMENTAL INDENTURESupplemental Indenture • June 10th, 2009 • Vestin Realty Mortgage II, Inc • Real estate investment trusts • New York
THIS SECOND SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of May 27, 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 II, TABERNA PREFERRED FUNDING VIII, LTD. (“TPF VIII”), TABERNA PREFERRED FUNDING IX, LTD. (“TPF IX”) and VESTIN II CAPITAL TRUST I (“Vestin Capital”).
