0001193125-03-080429 Sample Contracts

GUARANTEE AGREEMENT COMMERCIAL CAPITAL BANCORP, INC. Dated as of September 25, 2003
Guarantee Agreement • November 14th, 2003 • Commercial Capital Bancorp Inc • Savings institution, federally chartered • New York

This GUARANTEE AGREEMENT (the “Guarantee”), dated as of September 25, 2003, is executed and delivered by Commercial Capital Bancorp, Inc., a savings and loan holding company incorporated in Nevada (the “Guarantor”), and Wilmington Trust Company, a Delaware banking corporation, as trustee (the “Guarantee Trustee”), for the benefit of the Holders (as defined herein) from time to time of the Capital Securities (as defined herein) of CCB Capital Trust IV, a Delaware statutory trust (the “Issuer”).

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FIRST AMENDMENT TO THE COMMERCIAL CAPITAL BANK EXECUTIVE BONUS AGREEMENT DATED JULY 23, 2002 FOR STEPHEN H. GORDON
Executive Bonus Agreement • November 14th, 2003 • Commercial Capital Bancorp Inc • Savings institution, federally chartered

THIS AMENDMENT executed on this 29th day of August, 2003, by and between COMMERCIAL CAPITAL BANK, a savings association located in Irvine, California (the “Company”) and STEPHEN H. GORDON (the “Executive”).

THIRD AMENDED AND RESTATED WAREHOUSING CREDIT AND SECURITY AGREEMENT
Credit and Security Agreement • November 14th, 2003 • Commercial Capital Bancorp Inc • Savings institution, federally chartered • Minnesota

THIRD AMENDED AND RESTATED WAREHOUSING CREDIT AND SECURITY AGREEMENT, dated as of June 30, 2003 between COMMERCIAL CAPITAL MORTGAGE, INC. F/K/A FINANCIAL INSTITUTIONAL PARTNERS MORTGAGE CORPORATION, a Delaware corporation (“Borrower”), and RESIDENTIAL FUNDING CORPORATION, a Delaware corporation (“Lender”).

SECOND AMENDMENT TO THE COMMERCIAL CAPITAL BANK SALARY CONTINUATION AGREEMENT DATED JULY 23, 2002 FOR STEPHEN H. GORDON
Continuation Agreement • November 14th, 2003 • Commercial Capital Bancorp Inc • Savings institution, federally chartered

THIS AMENDMENT executed on this 29th day of August, 2003, by and between COMMERCIAL CAPITAL BANK, a savings association located in Irvine, California (the “Company”) and STEPHEN H. GORDON (the “Executive”).

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