AMENDED AND RESTATED TRUST AGREEMENT among VESTIN REALTY MORTGAGE II, INC., AS DEPOSITOR THE BANK OF NEW YORK TRUST COMPANY, NATIONAL ASSOCIATION AS PROPERTY TRUSTEE THE BANK OF NEW YORK (DELAWARE), AS DELAWARE TRUSTEE AND THE ADMINISTRATIVE TRUSTEES...Trust Agreement • June 27th, 2007 • Vestin Realty Mortgage II, Inc • Real estate investment trusts • Delaware
THIS AMENDED AND RESTATED TRUST AGREEMENT (“Trust Agreement”), dated as of June 22, 2007, among (i) Vestin Realty Mortgage II, Inc., a Maryland corporation (including any successors or permitted assigns, the “Depositor”), (ii) The Bank of New York Trust Company, National Association, a national banking association, as property trustee (in such capacity, the “Property Trustee”), (iii) The Bank of New York (Delaware), a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) 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., 8379 West Sunset Road, Las Vegas, Nevada 89113, 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.
Junior Subordinated Indenture between Vestin Realty Mortgage II, Inc. and The Bank of New York Trust Company, National Association, as Trustee Dated as of June 22, 2007Vestin Realty Mortgage II, Inc • June 27th, 2007 • Real estate investment trusts • New York
Junior Subordinated Indenture, dated as of June 22, 2007, between Vestin Realty Mortgage II, Inc., a Maryland corporation (the “Company”), and The Bank of New York Trust Company,National Association, a national banking association, as Trustee (in such capacity, the “Trustee”).
PURCHASE AGREEMENT among VESTIN REALTY MORTGAGE II, INC., VESTIN II CAPITAL TRUST I and BEAR, STEARNS & CO. INC. Dated as of June 22, 2007Purchase Agreement • June 27th, 2007 • Vestin Realty Mortgage II, Inc • Real estate investment trusts • New York
Pursuant to Section 3(f) of the Purchase Agreement, Richards, Layton & Finger, P.A., counsel for the Delaware Trustee, shall deliver an opinion to the effect that:
