Evans Capital Trust III Sample Contracts

EVANS BANCORP, INC. and WILMINGTON TRUST COMPANY as Trustee JUNIOR SUBORDINATED INDENTURE Dated as of
Indenture • March 26th, 2010 • Evans Capital Trust III • National commercial banks • New York

JUNIOR SUBORDINATED INDENTURE, dated as of , between EVANS BANCORP, INC., a New York corporation (hereinafter called the “Company”), and WILMINGTON TRUST COMPANY, as Trustee (hereinafter called the “Trustee”).

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PREFERRED SECURITIES GUARANTEE AGREEMENT by and between EVANS BANCORP, INC., as Guarantor and WILMINGTON TRUST COMPANY, as Guarantee Trustee relating to EVANS CAPITAL TRUST III Dated as of
Guarantee Agreement • March 26th, 2010 • Evans Capital Trust III • National commercial banks • New York

GUARANTEE AGREEMENT, dated as of , between EVANS BANCORP, INC., a New York corporation (the “Guarantor”), and WILMINGTON TRUST COMPANY, as trustee (the “Guarantee Trustee”), for the benefit of the Holders (as defined herein) from time to time of the Preferred Securities (as defined herein) of EVANS CAPITAL TRUST III, a Delaware statutory trust (the “Issuer Trust”).

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PREFERRED SECURITIES GUARANTEE AGREEMENT by and between EVANS BANCORP, INC., as Guarantor and WILMINGTON TRUST COMPANY, as Guarantee Trustee relating to EVANS CAPITAL TRUST II Dated as of
Guarantee Agreement • March 26th, 2010 • Evans Capital Trust III • National commercial banks • New York

GUARANTEE AGREEMENT, dated as of , between EVANS BANCORP, INC., a New York corporation (the “Guarantor”), and WILMINGTON TRUST COMPANY, as trustee (the “Guarantee Trustee”), for the benefit of the Holders (as defined herein) from time to time of the Preferred Securities (as defined herein) of EVANS CAPITAL TRUST II, a Delaware statutory trust (the “Issuer Trust”).

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DECLARATION OF TRUST OF EVANS CAPITAL TRUST II
Evans Capital Trust III • March 26th, 2010 • National commercial banks

This DECLARATION OF TRUST, dated as of March 23, 2010 (the “Declaration of Trust”), among Evans Bancorp, Inc., a New York corporation, as depositor (the “Depositor”), Wilmington Trust Company, as trustee (the “Trustee”), and David J. Nasca, Gary A. Kajtoch and John B. Connerton as administrative trustees (the “Administrative Trustees” and together with the Trustee collectively, the “Trustees”). The Depositor and the Trustees hereby agree as follows:

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DECLARATION OF TRUST OF EVANS CAPITAL TRUST III
Declaration of Trust • March 26th, 2010 • Evans Capital Trust III • National commercial banks

This DECLARATION OF TRUST, dated as of March 23, 2010 (the “Declaration of Trust”), among Evans Bancorp, Inc., a New York corporation, as depositor (the “Depositor”), Wilmington Trust Company, as trustee (the “Trustee”), and David J. Nasca, Gary A. Kajtoch and John B. Connerton as administrative trustees (the “Administrative Trustees” and together with the Trustee collectively, the “Trustees”). The Depositor and the Trustees hereby agree as follows:

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