= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = FORM T-1 SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 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) |__| --------------------------- BNY MIDWEST TRUST COMPANY (formerly known as CTC Illinois Trust Company) (Exact name of trustee as specified in its charter) Illinois 36-3800435 (State of incorporation (I.R.S. employer if not a U.S. national bank) identification no.) 2 North LaSalle Street Suite 1020 Chicago, Illinois 60602 (Address of principal executive offices) (Zip code) --------------------------- CUMMINS INC. (Exact name of obligor as specified in its charter) Indiana 35-0257090 (State or other jurisdiction of (I.R.S. employer incorporation or organization) identification no.) 500 Jackson Street, Box 3005 Columbus, Indiana 47202 (Address of principal executive offices) (Zip code) --------------------------- Guarantee of the Preferred Securities of Cummins Capital Trust I (Title of the indenture securities) = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = 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.

- --------------------------------------------------------------------------- Name Address - --------------------------------------------------------------------------- Office of Banks & Trust 500 E. Monroe Street Companies of the State of Illinois Springfield, Illinois 62701-1532 Federal Reserve Bank of Chicago 230 S. LaSalle Street Chicago, Illinois 60603

(B) WHETHER IT IS AUTHORIZED TO EXERCISE CORPORATE TRUST POWERS. Yes. 2. AFFILIATIONS WITH OBLIGOR. IF THE OBLIGOR IS AN AFFILIATE OF THE TRUSTEE, DESCRIBE EACH SUCH AFFILIATION. None. 16. LIST OF EXHIBITS. EXHIBITS IDENTIFIED IN PARENTHESES BELOW, ON FILE WITH THE COMMISSION, ARE INCORPORATED HEREIN BY REFERENCE AS AN EXHIBIT HERETO, PURSUANT TO RULE 7a-29 UNDER THE TRUST INDENTURE ACT OF 1939 (THE "ACT") AND 17 C.F.R. 229.10(d). 1. A copy of Articles of Incorporation of BNY Midwest Trust Company (formerly CTC Illinois Trust Company, formerly Continental Trust Company) as now in effect. (Exhibit 1 to Form T-1 filed with the Registration Statement No. 333-47688.) 2,3. A copy of the Certificate of Authority of the Trustee as now in effect, which contains the authority to commence business and a grant of powers to exercise corporate trust powers. (Exhibit 2 to Form T-1 filed with the Registration Statement No. 333-47688.) 4. A copy of the existing By-laws of the Trustee. (Exhibit 4 to Form T-1 filed with the Registration Statement No. 333-47688.) 6. The consent of the Trustee required by Section 321(b) of the Act. (Exhibit 6 to Form T-1 filed with the Registration Statement No. 333-47688.) -2- 7. A copy of the latest report of condition of the Trustee published pursuant to law or to the requirements of its supervising or examining authority. -3- SIGNATURE Pursuant to the requirements of the Act, the Trustee, BNY Midwest Trust Company, a corporation organized and existing under the laws of the State of Illinois, has duly caused this statement of eligibility to be signed on its behalf by the undersigned, thereunto duly authorized, all in The City of Chicago, and State of Illinois, on the 31st day of October, 2001. BNY Midwest Trust Company By: /s/ CAROLYN POTTER ---------------------------------- Name: CAROLYN POTTER Title: ASSISTANT VICE PRESIDENT -4- OFFICE OF BANKS AND REAL ESTATE BUREAU OF BANKS AND TRUST COMPANIES CONSOLIDATED REPORT OF CONDITION OF BNY MIDWEST TRUST COMPANY 209 WEST JACKSON BOULEVARD SUITE 700 CHICAGO, ILLINOIS 60606 Including the institution's domestic and foreign subsidiaries completed as of the close of business on March 31, 2001, submitted in response to the call of the Office of Banks and Real Estate of the State of Illinois.

ASSETS THOUSANDS OF DOLLARS ------ -------------------- 1. Cash and Due from Depository Institutions...................... 3,274 2. U.S. Treasury Securities....................................... - 0 - 3. Obligations of States and Political Subdivisions............... - 0 - 4. Other Bonds, Notes and Debentures.............................. - 0 - 5. Corporate Stock................................................ - 0 - 6. Trust Company Premises, Furniture, Fixtures and Other Assets Representing Trust Company Premises.............. 226 7. Leases and Lease Financing Receivables.................. - 0 - 8. Accounts Receivable..................................... 3,542 9. Other Assets............................................ (Itemize amounts greater than 15% of Line 9) Goodwill and Intangibles..................90,321 90,392 10. TOTAL ASSETS............................................ 97,434

Page 1 of 3 OFFICE OF BANKS AND REAL ESTATE BUREAU OF BANKS AND TRUST COMPANIES CONSOLIDATED REPORT OF CONDITION OF BNY MIDWEST TRUST COMPANY 209 WEST JACKSON BOULEVARD SUITE 700 CHICAGO, ILLINOIS 60606

LIABILITIES THOUSANDS OF DOLLARS ----------- -------------------- 11. Accounts Payable............................................... - 0 - 12. Taxes Payable.................................................. - 0 - 13. Other Liabilities for Borrowed Money........................... 25,425 14. Other Liabilities.............................................. (Itemize amounts greater than 15% of Line 14) Reserve for Taxes.................................2,668 Deferred Income.....................................879 Accrued Expenses....................................782 4,429 15. TOTAL LIABILITIES 29,863 EQUITY CAPITAL -------------- 16. Preferred Stock................................................ - 0 - 17. Common Stock................................................... 2,000 18. Surplus........................................................ 62,130 19. Reserve for Operating Expenses................................. - 0 - 20. Retained Earnings (Loss)....................................... 3,441 21. TOTAL EQUITY CAPITAL........................................... 67,571 22. TOTAL LIABILITIES AND EQUITY CAPITAL........................... 97,434

Page 2 of 3 I, Robert L. De Paola, Vice President ----------------------------------------------------------------------------- (Name and Title of Officer Authorized to Sign Report) of BNY Midwest Trust Company certify that the information contained in this statement is accurate to the best of my knowledge and belief. I understand that submission of false information with the intention to deceive the Commissioner or his Administrative officers is a felony. Robert L. DePaola ------------------------------------------------ (Signature of Officer Authorized to Sign Report) Sworn to and subscribed before me is 27th day of April, 2001 My Commission expires May 15, 2001. Joseph A. Giacobino, Notary Public (Notary Seal) Person to whom Supervisory Staff should direct questions concerning this report. Christine Anderson (212) 437-5521 - ---------------------------------------- -------------------------------------- Name Telephone Number (Extension) Page 3 of 3