Sec Form 4 Filing - HERBST FREDERICK C @ ARBOR REALTY TRUST INC - 2005-09-16

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FORM 4
Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b).
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP
Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(h) of the Investment Company Act of 1940
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1. Name and Address of Reporting Person
HERBST FREDERICK C
2. Issuer Name and Ticker or Trading Symbol
ARBOR REALTY TRUST INC [ ABR]
5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
_____ Director _____ 10% Owner
X __ Officer (give title below) _____ Other (specify below)
CFO and Treasurer
(Last) (First) (Middle)
C/O ARBOR REALTY TRUST, INC., 333 EARLE OVINGTON BLVD., STE. 900
3. Date of Earliest Transaction (MM/DD/YY)
09/16/2005
(Street)
UNIONDALE, NY11553
4. If Amendment, Date Original Filed (MM/DD/YY)
6. Individual or Joint/Group Filing (Check Applicable Line)
__ X __ Form filed by One Reporting Person
_____ Form filed by More than One Reporting Person
(City) (State) (Zip)
Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned
1.Title of Security
(Instr. 3)
2. Transaction Date (MM/DD/YY) 2A. Deemed Execution Date, if any (MM/DD/YY) 3. Transaction Code
(Instr. 8)
4. Securities Acquired (A) or Disposed of (D)
(Instr. 3, 4 and 5)
5. Amount of Securities Beneficially Owned Following Reported Transaction(s)
(Instr. 3 and 4)
6. Ownership Form: Direct (D) or Indirect (I)
(Instr. 4)
7. Nature of Indirect Beneficial Ownership
(Instr. 4)
Code V Amount (A) or (D) Price
Common Stock 09/16/2005 D 10,445 D $ 0 ( 1 ) 30,055 D
Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned
( e.g. , puts, calls, warrants, options, convertible securities)
1. Title of Derivative Security
(Instr. 3)
2. Conversion or Exercise Price of Derivative Security 3. Transaction Date (MM/DD/YY) 3A. Deemed Execution Date, if any (MM/DD/YY) 4. Transaction Code
(Instr. 8)
5. Number of Derivative Securities Acquired (A) or Disposed of (D)
(Instr. 3, 4, and 5)
6. Date Exercisable and Expiration Date
(MM/DD/YY)
7. Title and Amount of Underlying Securities
(Instr. 3 and 4)
8. Price of Derivative Security
(Instr. 5)
9. Number of Derivative Securities Beneficially Owned Following Reported Transaction(s)
(Instr. 4)
10. Ownership Form of Derivative Security: Direct (D) or Indirect (I)
(Instr. 4)
11. Nature of Indirect Beneficial Ownership
(Instr. 4)
Code V (A) (D) Date Exercisable Expiration Date Title Amount or Number of Shares
Reporting Owners
Reporting Owner Name / Address Relationships
Director 10% Owner Officer Other
HERBST F REDERICK C
C/O ARBOR REALTY TRUST, INC.
333 EARLE OVINGTON BLVD., STE. 900
UNIONDALE, NY11553
CFO and Treasurer
Signatures
/s/ Frederick C. Herbst 09/16/2005
Signature of Reporting Person Date
Explanation of Responses:
( 1 )Mr. Herbst resigned from his position as Chief Financial Officer and Treasurer of Arbor Realty Trust, Inc. (the "Company") effective as of September 16, 2005. Pursuant to restricted stock agreements dated July 1, 2003 and July 7, 2005, the Company granted 4,000 and 12,500 shares of restricted stock, respectively, to Mr. Herbst under the Company's 2003 Omnibus Stock Incentive Plan, as amended and restated. Pursuant to the terms of the restricted stock agreements, 445 of such 4,000 shares of restricted stock, and 10,000 of such 12,500 shares of restricted stock, respectively, were not yet vested on September 16, 2005 and, therefore, subject to forfeiture upon the cessation of Mr. Herbst's employment on such date.

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* If the form is filed by more than one reporting person, see Instruction 4(b)(v).
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