0001193125-04-135797 Sample Contracts

GUARANTEE AGREEMENT COMMERCIAL CAPITAL BANCORP, INC. Dated as of May 27, 2004
Guarantee Agreement • August 9th, 2004 • Commercial Capital Bancorp Inc • Savings institution, federally chartered • New York

This GUARANTEE AGREEMENT (the “Guarantee”), dated as of May 27, 2004, is executed and delivered by Commercial Capital Bancorp, Inc., a savings and loan holding company incorporated in the state of 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 VII, a Delaware statutory trust (the “Issuer”).

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FIRST SUPPLEMENTAL INDENTURE
First Supplemental Indenture • August 9th, 2004 • Commercial Capital Bancorp Inc • Savings institution, federally chartered • New York

THIS FIRST SUPPLEMENTAL INDENTURE, dated as of June 4, 2004 (this “First Supplemental Indenture”), between Commercial Capital Bancorp, Inc., a Nevada corporation (the “Corporation”) and Wilmington Trust Company, a Delaware banking corporation, as trustee (hereinafter the “Trustee”). Capitalized terms used herein without definition shall have the same meanings assigned to them in the Indenture (as hereinafter defined).

FIRST SUPPLEMENTAL INDENTURE
First Supplemental Indenture • August 9th, 2004 • Commercial Capital Bancorp Inc • Savings institution, federally chartered • New York

THIS FIRST SUPPLEMENTAL INDENTURE, dated as of June 4, 2004 (this “First Supplemental Indenture”), between Commercial Capital Bancorp, Inc., a Nevada corporation (the “Corporation”), and Wilmington Trust Company, a Delaware banking corporation, as debenture trustee (hereinafter the “Debenture Trustee”). Capitalized terms used herein without definition shall have the same meanings assigned to them in the Indenture (as hereinafter defined).

FIRST SUPPLEMENTAL INDENTURE
First Supplemental Indenture • August 9th, 2004 • Commercial Capital Bancorp Inc • Savings institution, federally chartered • New York

FIRST SUPPLEMENTAL INDENTURE, dated as of June 4, 2004, between Commercial Capital Bancorp, Inc., a Nevada corporation (the “Corporation”), and The Bank of New York, a New York banking corporation, as trustee (hereinafter the “Trustee”). Capitalized terms used herein without definition shall have the same meanings assigned to them in the Indenture (as hereinafter defined).

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