EXHIBIT 4.1 CERTIFICATE OF TRUST OF NEW SOUTH CAPITAL TRUST I THIS Certificate of Trust of New South Capital Trust I (the "Trust"), dated as of April 2, 1998, is being duly executed and filed by the undersigned, as trustee, to form a business trust under the Delaware Business Trust Act (12 Del. C. (S)3801, et seq.). - ------- -- ---- 1. Name. The name of the business trust formed hereby is New South ---- Capital Trust I. 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 are Bankers Trust (Delaware), E.A. Delle Donne Corporate Center, Montgomery Building, 1011 Centre Road, Suite 200, Wilmington, Delaware 19805-1266. 3. Effective Date. This Certificate of Trust shall be effective -------------- upon filing. IN WITNESS WHEREOF, the undersigned, being the sole trustee of the Trust, has executed this Certificate of Trust as of the date first-above written. BANKERS TRUST (DELAWARE), not in its individual capacity but solely as trustee of the Trust /s/ M. Lisa Wilkins --------------------------------------- Name: M. Lisa Wilkins Title: Assistant Secretary