Delaware Uses in Number of Trustees Clause

Number of Trustees from Amended and Restated

AMENDED AND RESTATED DECLARATION OF TRUST NO. 2 (Declaration) dated and effective as of December 12, 2008, by the Trustees (as defined herein), the Administrators (as defined herein), the Sponsor (as defined herein) and by the holders, from time to time, of undivided beneficial interests in the Trust (as defined herein) to be issued pursuant to this Declaration;

Number of Trustees. The number of Trustees shall initially be two, and;

Number of Trustees from Amended and Restated

AMENDED AND RESTATED DECLARATION OF TRUST (Declaration) dated and effective as of August 20, 2007, by the Trustees (as defined herein), the Administrators (as defined herein), the Sponsor (as defined herein) and by the holders, from time to time, of undivided beneficial interests in the Trust (as defined herein) to be issued pursuant to this Declaration;

Number of Trustees. The number of Trustees shall initially be two, and;

Number of Trustees from Amended and Restated Trust Agreement

This AMENDED AND RESTATED TRUST AGREEMENT (this Trust Agreement), dated as of August 22, 2007 is entered into by and among (i) MERRILL LYNCH & CO., INC., a Delaware corporation, (ii) THE BANK OF NEW YORK, a New York banking corporation, as property trustee, (iii) THE BANK OF NEW YORK (DELAWARE), a Delaware banking corporation that maintains its principal place of business in Delaware, as Delaware trustee, (iv) Bradley M. Taylor, an individual, Marlene B. Debel, an individual, and John J. Thurlow, an individual, each as an administrative trustee and each of whose address is c/o Merrill Lynch & Co., Inc., 4 World Financial Center, New York, New York 10080 and (v) the several Holders, as hereinafter defined.

Number of Trustees. The number of Trustees initially shall be five, and:

Number of Trustees from Amended and Restated Trust Agreement

This Amended And Restated Trust Agreement, dated as of March 20, 2007, among (i) Crystal River Capital, 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) Clifford E. Lai, an individual, and Jonathan C. Tyras, an individual, each of whose address is c/o Crystal River Capital, Inc., Three World Financial Center, 200 Vesey Street, 10th Floor, New York, New York 10281, 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.

Number of Trustees. The number of Trustees shall be four (4); provided, that the Property Trustee and the Delaware Trustee (organization) values">Delaware Trustee may be the same Person, in which case the number of Trustees shall be three (3). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.

Number of Trustees from Amended and Restated Trust Agreement

THIS AMENDED AND RESTATED TRUST AGREEMENT, dated as of March 29, 2007, among (i) Capital Trust, 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) John R. Klopp, an individual, Stephen D. Plavin, an individual and Geoffrey G. Jervis, an individual, each of whose address is c/o Capital Trust, Inc., 410 Park Avenue, 14th Floor, New York, New York 10022, 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.

Number of Trustees. The number of Trustees shall be five (5); provided, that the Property Trustee and the Delaware Trustee (organization) values">Delaware Trustee may be the same Person, in which case the number of Trustees shall be four (4). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.

Number of Trustees from Amended and Restated Trust Agreement

This AMENDED AND RESTATED TRUST AGREEMENT (this Trust Agreement), dated as of April , 2007 is entered into by and among (i) MERRILL LYNCH & CO., INC., a Delaware corporation, (ii) THE BANK OF NEW YORK, a New York banking corporation, as property trustee, (iii) THE BANK OF NEW YORK (DELAWARE), a Delaware banking corporation that maintains its principal place of business in Delaware, as Delaware trustee, (iv) Allen G. Braithwaite III, an individual, Marlene B. Debel, an individual, and John J. Thurlow, an individual, each as an administrative trustee and each of whose address is c/o Merrill Lynch & Co., Inc., 4 World Financial Center, New York, New York 10080 and (v) the several Holders, as hereinafter defined.

Number of Trustees. The number of Trustees initially shall be five, and:

Number of Trustees from Amended and Restated

AMENDED AND RESTATED DECLARATION OF TRUST (this Declaration), dated and effective as of March 29, 2005, by the Trustees (as defined herein), the Administrators (as defined herein), the Sponsor (as defined herein) and the holders from time to time of undivided beneficial interests in the assets of the Trust (as defined herein) to be issued pursuant to this Declaration.

Number of Trustees. The number of Trustees initially shall be two, and:

Number of Trustees from Amended and Restated

AMENDED AND RESTATED DECLARATION OF TRUST (this Declaration), dated and effective as of November 30, 2006, by the Trustees (as defined herein), the Administrators (as defined herein), the Sponsor (as defined herein) and the holders from time to time of undivided beneficial interests in the assets of the Trust (as defined herein) to be issued pursuant to this Declaration.

Number of Trustees. The number of Trustees initially shall be two, and:

Number of Trustees from Amended and Restated Trust Agreement

This AMENDED AND RESTATED TRUST AGREEMENT (this Trust Agreement), dated as of [], 2006 is entered into by and among (i) MERRILL LYNCH & CO., INC., a Delaware corporation (the Sponsor), (ii) THE BANK OF NEW YORK, a New York banking corporation, as property trustee (in each such capacity, the Property Trustee), (iii) THE BANK OF NEW YORK (DELAWARE), as Delaware trustee (the Delaware Trustee), (iv) Allen G. Braithwaite III, an individual, Marlene B. Debel, an individual, and John J. Thurlow, an individual, each of whose address is c/o Merrill Lynch & Co., Inc., 4 World Financial Center, New York, New York 10080 (each an Administrative Trustee and collectively the Administrative Trustees) (the Property Trustee, the Delaware Trustee and the Administrative Trustees referred to collectively as the Trustees) and (v) the several Holders, as hereinafter defined.

Number of Trustees. The number of Trustees initially shall be five, and:

Number of Trustees from Amended and Restated Trust Agreement

This AMENDED AND RESTATED TRUST AGREEMENT, dated as of September 13, 2006 (as further defined in Section 1.1, this Trust Agreement), among (i) New Century Financial Corporation, a Maryland corporation (including any successors or permitted assigns, the Depositor), (ii) Wells Fargo Bank, N.A., a national banking association, as property trustee (in such capacity, the Property Trustee), (iii) Wells Fargo Delaware Trust Company, a Delaware corporation, as Delaware trustee (in such capacity, the Delaware Trustee), and (iv) Brad A. Morrice, an individual, and Patti M. Dodge, an individual, each of whose address is c/o New Century Financial Corporation, 18400 Von Karman, Suite 1000, Irvine, California 92612, 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).

Number of Trustees. The number of Trustees shall be four (4); provided, that the Property Trustee and the Delaware Trustee (organization) values">Delaware Trustee may be the same Person, in which case the number of Trustees shall be three (3). The number of Trustees may be increased or decreased by Act of the Holder of the Common Securities subject to Sections 8.2, 8.3, and 8.4. The death, resignation, retirement, removal, bankruptcy, incompetence or incapacity to perform the duties of a Trustee shall not operate to annul, dissolve or terminate the Trust.