Certificate of Trust of American Equity Capital Trust III

Summary

This document establishes American Equity Capital Trust III as a business trust under Delaware law, effective November 6, 2001. The trustees, including Debra J. Richardson, Wendy L. Carlson, and First Union Trust Company, National Association, formally create the trust and designate First Union Trust Company as the Delaware trustee with its principal office in Wilmington, Delaware. The certificate is signed by the trustees to comply with legal requirements for forming a Delaware business trust.

EX-4.5 3 a2062310zex-4_5.txt CERT. OF TRUST OF AMER. EQUITY CAPITAL TRUST III CERTIFICATE OF TRUST OF AMERICAN EQUITY CAPITAL TRUST III This Certificate of Trust of American Equity Capital Trust III (the "Trust"), dated November 6, 2001, is being duly executed and filed by the undersigned, as trustees, to form a business trust under the Delaware Business Trust Act (12 Del. C. Sections3801 et seq.). 1. Name. The name of the business trust formed hereby is American Equity Capital Trust III. 2. Delaware Trustee. The name and business address of the trustee of the Trust with a principal place of business in the State of Delaware is: First Union Trust Company, National Association, One Rodney Square, 920 King Street, Suite 102, Wilmington, Delaware 19801. 3. Effective Date. This Certificate of Trust shall be effective as of November 6, 2001 IN WITNESS WHEREOF, the undersigned, being the trustees of the Trust, have executed this Certificate of Trust as of the date first above written. DEBRA J. RICHARDSON, not in her individual capacity but solely as Trustee /s/ DEBRA J. RICHARDSON ----------------------------------------------- WENDY L. CARLSON, not in her individual capacity but solely as Trustee /s/ WENDY L. CARLSON ----------------------------------------------- FIRST UNION TRUST COMPANY, NATIONAL ASSOCIATION, not in its individual capacity but solely as Trustee By: /s/ STERLING C. CORREIA ------------------------------------------- Name: Sterling C. Correia Title: Vice President