EX-25.1 6 ex_253560.htm

Exhibit 25.1

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)

UMB BANK, NATIONAL ASSOCIATION

(Exact name of trustee as specified in its charter)

A National Banking Association | 44-0194180
(Jurisdiction of incorporation or | (I.R.S. Employer
organization if not a U.S. national | Identification No.)
bank) |
1010 Grand Boulevard | 64106
Kansas City, Missouri | (Zip code)
(Address of principal executive offices) |

Mauri J. Cowen
UMB Bank, National Association

5555 San Felipe, Suite 870

Houston, TX 77056

(713) 300-0587

(Name, address and telephone number of agent for service)

NEW YORK MORTGAGE TRUST, INC.

(Exact name of obligor as specified in its charter)

Maryland | 47-0934168
(State or other jurisdiction of | (I.R.S. Employer
incorporation or organization) | Identification No.)
90 Park Ave |
New York, New York | 10016
(Address of principal executive offices) | (Zip code)

5.75% Senior Notes due 2026

(Title of the indenture securities)

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.

|  | Mid-Western District 2345 Grand Avenue, Suite 700 Kansas City, Missouri 64108

|  | Federal Reserve Bank of Kansas City Federal Reserve P.O. Station Kansas City, Missouri 64198

|  | Supervising Examiner Federal Deposit Insurance Corporation 720 Olive Street, Suite 2909 St. Louis, Missouri 63101

| (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.

| Exhibit 1. | A copy of the Articles of Association of the Trustee (incorporated by reference to Exhibit 1 to Form T-1 filed with Registration Statement No. 333-74008).

| Exhibit 2. | Certificate of Authority from the Comptroller of the Currency evidencing a change of the corporate title of the Association (incorporated by reference to Exhibit 2 to Form T-1 filed with Registration Statement No. 333-74008).

| Exhibit 3. | Certificate from the Comptroller of the Currency evidencing authority to exercise corporate trust powers and a letter evidencing a change of the corporate title of the Association (incorporated by reference to Exhibit 3 to Form T-1 filed with Registration Statement No. 333-74008).

| Exhibit 4. | Bylaws, as amended of the Trustee (incorporated by reference to Exhibit 4 to Form T-1 filed with Registration Statement No. 333-74008).

| Exhibit 5. | A copy of each Indenture referred to in Item 4. Not applicable.

| Exhibit 6. | The consent of the Trustee required by Section 321(b) of the Trust Indenture Act of 1939, as amended (incorporated by reference to Exhibit 6 to Form T-1 filed with Registration Statement No. 333-74008).

| Exhibit 7. | Report of Condition of the Trustee as of March 31, 2021 published pursuant to law or the requirements of its supervising or examining authority.

SIGNATURE

Pursuant to the requirements of the Trust Indenture Act of 1939, as amended, the trustee, UMB BANK, NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America, has duly caused this statement of eligibility to be signed on its behalf by the undersigned, thereunto duly authorized, all in the City of Houston, State of Texas on the 28th day of May, 2021.

| UMB BANK, NATIONAL ASSOCIATION |
| /s/ Mauri J. Cowen |
| Mauri J. Cowen |
| Senior Vice President |

Exhibit 7

(See Attached)