_____________________________________________________________________________
securities and exchange commission
Washington, D.C. 20549
__________________________
FORM T-1
Statement of Eligibility Under
The Trust Indenture Act of 1939 of a
Corporation Designated to Act as Trustee
Check if an Application to Determine Eligibility of
a Trustee Pursuant to Section 305(b)(2)
_______________________________________________________
HERRING BANK
(Exact name of Trustee as specified in its charter)
75-0330569
(I.R.S. Employer Identification Number)
1608 S. Polk St. Amarillo, Texas | 79102 |
| (Address of Principal Executive Offices) | (Zip Code) |
Stephen Browning
Herring Bank
1608 S. Polk St.
Amarillo, Texas 79102
(806) 378-1810
(Name, address and telephone number of agent for service)
AMERICAN CHURCH MORTGAGE COMPANY
(Issuer with respect to the Securities)
| Minnesota | 41-1793975 |
| (State or other jurisdiction of incorporation or organization) | (I.R.S. Employer Identification No.) |
10237 Yellow Circle Drive Minnetonka, Minnesota | 55343 |
| (Address of Principal Executive Offices) | (Zip Code) |
$10,000,000 – Series E Secured Investor Certificates
(Title of the Indenture Securities)
______________________________________________________________________________
FORM T-1
| Item 1. | GENERAL INFORMATION. Furnish the following information as to the Trustee. |
| a) | Name and address of each examining or supervising authority to which it is subject. |
Federal Deposit Insurance Corporation Washington, D.C.
Texas State Banking Department, Austin, TX
| b) | Whether it is authorized to exercise corporate trust powers. |
Yes
| Item 2. | AFFILIATIONS WITH OBLIGOR. If the obligor is an affiliate of the Trustee, describe each such affiliation. |
None
Items 3-15. Items 3-15 are not applicable because to the best of the Trustee’s knowledge, the obligor is not in default under any Indenture for which the Trustee acts as Trustee.
| Item 16. | LIST OF EXHIBITS: List below all exhibits filed as a part of this statement of eligibility and qualification. |
| 1. | A copy of the Articles of Association of the Trustee. |
| 2. | A copy of the certificate of authority of the Trustee to commence business. |
| 3. | A copy of the certificate of authority of the Trustee to exercise corporate trust powers. (See Exhibit 2) |
| 4. | A copy of the existing bylaws of the Trustee. |
| 5. | A copy of each Indenture referred to in Item 4. Not applicable. |
| 6. | The consent of the Trustee required by Section 321(b) of the Trust Indenture Act of 1939, attached as Exhibit 6. |
| 7. | Report of Condition of the Trustee as of December 31, 2016, published pursuant to law or the requirements of its supervising or examining authority, attached as Exhibit 7. |
NOTE
The answers to this statement insofar as such answers relate to what persons have been underwriters for any securities of the obligors within three years prior to the date of filing this statement, or what persons are owners of 10% or more of the voting securities of the obligors, or affiliates, are based upon information furnished to the Trustee by the obligors. While the Trustee has no reason to doubt the accuracy of any such information, it cannot accept any responsibility therefor.
SIGNATURE
Pursuant to the requirements of the Trust Indenture Act of 1939, as amended, the Trustee, HERRING BANK, a state banking institution organized and existing under the laws of the United States of America, has duly caused this statement of eligibility and qualification to be signed on its behalf by the undersigned, thereunto duly authorized, all in the City of Amarillo, State of Texas on the 6th day of November, 2017.
HERRING BANK
/s/ Stephen Browning
Stephen Browning
Senior Vice President, Trust Director
Exhibit 1
Articles of Association
Incorporated herein by reference to Exhibit 25 to the Company’s Registration Statement, SEC File #333-197326 filed July 9, 2014.
Exhibit 2
Certificate of Authority
Exhibit 4
Bylaws
Incorporated herein by reference to Exhibit 25 to the Company’s Registration Statement, SEC File #333-197326 filed July 9, 2014.
Exhibit 6
CONSENT
In accordance with Section 321(b) of the Trust Indenture Act of 1939, the undersigned, HERRING BANK hereby consents that reports of examination of the undersigned by Federal, State, Territorial or District authorities may be furnished by such authorities to the Securities and Exchange Commission upon its request therefor.
Dated: November 6, 2017
HERRING BANK
By: /s/ Stephan Browning
Stephan Browning
SeniorVice-President, Trust Director
Exhibit 7
Herring Bank
Statement of Financial Condition
Annual Disclosure Statement
December 31, 2016
FFIEC 041
Herring Bank
Amarillo, TX 79109
I, the undersigned officer, attest to the correctness of this statement and declare that it has been examined by me and to the best of my knowledge and belief has been prepared in accordance with instructions issued by the appropriate Federal regulatory authority and is true and correct.
___/s/ Stephan Browning_______________________________________________________________
Signature Date
This statement has not been reviewed, or confirmed for accuracy or relevance, by the Federal Deposit Insurance Corporation
