Common use of Allocation of Earnings Clause in Contracts

Allocation of Earnings. The special allocation provisions elected under Adoption Agreement Section 9.11 are effective for Plan Years beginning after ________________________. [X] (j) (SPECIFY) THE VESTING COMPUTATION PERIOD ELECTED UNDER ADOPTION AGREEMENT SECTION 5.06(a) IS EFFECTIVE FOR PLAN YEARS BEGINNING AFTER DECEMBER 31, 1996. THE SALARY REDUCTION AGREEMENT PROVISIONS ELECTED UNDER ADOPTION AGREEMENT SECTIONS 3.01(k)(2), 3.01(k)(3), AND 3.01(k)(4) ARE EFFECTIVE BEGINNING JULY 1, 1997. THE DISTRIBUTION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 6.01 ARE EFFECTIVE BEGINNING JULY 1, 1997. THE VALUATION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 10.14(b) ARE EFFECTIVE BEGINNING JULY 1, 1997. For Plan Years prior to the special Effective Date, the terms of the Plan prior to its restatement under this Adoption Agreement will control for purposes of the designated provisions. A special Effective Date may not result in the delay of a Plan provision beyond the permissible Effective Date under any applicable law requirements. EXECUTION PAGE The Trustee (and Custodian, if applicable), by executing this Adoption Agreement, accepts its position and agrees to all of the obligations, responsibilities and duties imposed upon the Trustee (or Custodian) under the Prototype Plan and Trust. The Employer hereby agrees to the provisions of this Plan and Trust, and in witness of its agreement, the Employer by its duly authorized officers, has executed this Adoption Agreement, and the Trustee (and Custodian, if applicable) signified its acceptance, on this ___________ day of_______________, 19_____. Name and EIN of Employer: CAPITAL BANK, N.A. 34-1000000 Xxgned: Name(s) of Trustee: THE TRUST COMPANY OF TOLEDO, N.A. Signed: Name of Custodian: Signed:

Allocation of Earnings. The special allocation provisions elected under Adoption Agreement Section 9.11 are effective for Plan Years beginning after ________________________. [X] (j) (SPECIFY) THE VESTING COMPUTATION PERIOD ELECTED UNDER ADOPTION AGREEMENT SECTION 5.06(a) IS EFFECTIVE FOR PLAN YEARS BEGINNING AFTER DECEMBER 31, 1996. THE SALARY REDUCTION AGREEMENT PROVISIONS ELECTED UNDER ADOPTION AGREEMENT SECTIONS 3.01(k)(2), 3.01(k)(3), AND 3.01(k)(4) ARE EFFECTIVE BEGINNING JULY 1, 1997. THE DISTRIBUTION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 6.01 ARE EFFECTIVE BEGINNING JULY 1, 1997. THE VALUATION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 10.14(b) ARE EFFECTIVE BEGINNING JULY 1, 1997. For Plan Years prior to the special Effective Date, the terms of the Plan prior to its restatement under this Adoption Agreement will control for purposes of the designated provisions. A special Effective Date may not result in the delay of a Plan provision beyond the permissible Effective Date under any applicable law requirements. EXECUTION PAGE The Trustee (and Custodian, if applicable), by executing this Adoption Agreement, accepts its position and agrees to all of the obligations, responsibilities and duties imposed upon the Trustee (or Custodian) under the Prototype Plan and Trust. The Employer hereby agrees to the provisions of this Plan and Trust, and in witness of its agreement, the Employer by its duly authorized officers, has executed this Adoption Agreement, and the Trustee (and Custodian, if applicable) signified its acceptance, on this ___________ day ofof _, 19_. Name and EIN of Employer: GoodMark Foods, Inc. 00-0000000 Signed: _______________, 19_____. Name and EIN of Employer: CAPITAL BANK, N.A. 34-1000000 Xxgned: ___________________________________________________ Name(s) of Trustee: THE TRUST COMPANY OF TOLEDO, N.A. The Xxxxxxx Xxxxxx Trust Company Signed: _______________________________________________________________________ -------------------------------------------------------------------------- Name of Custodian: _ Signed:: _______________________________________________________________________ [Note: A Trustee is mandatory, but a Custodian is optional. See Section 10.03 of the Plan.] PLAN NUMBER. The 3-digit plan number the Employer assigns to this Plan for ERISA reporting purposes (Form 5500 Series) is: 074.

Allocation of Earnings. The special allocation provisions elected under Adoption Agreement Section 9.11 are effective for Plan Years beginning after DECEMBER 31, 1988. [ ] (j) (SPECIFY) ________________________. [X] (j) (SPECIFY) THE VESTING COMPUTATION PERIOD ELECTED UNDER ADOPTION AGREEMENT SECTION 5.06(a) IS EFFECTIVE FOR PLAN YEARS BEGINNING AFTER DECEMBER 31, 1996. THE SALARY REDUCTION AGREEMENT PROVISIONS ELECTED UNDER ADOPTION AGREEMENT SECTIONS 3.01(k)(2), 3.01(k)(3), AND 3.01(k)(4) ARE EFFECTIVE BEGINNING JULY 1, 1997. THE DISTRIBUTION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 6.01 ARE EFFECTIVE BEGINNING JULY 1, 1997. THE VALUATION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 10.14(b) ARE EFFECTIVE BEGINNING JULY 1, 1997_ . For Plan Years prior to the special Effective Date, the terms of the Plan prior to its restatement under this Adoption Agreement will control for purposes of the designated provisions. A special Effective Date may not result in the delay of a Plan provision beyond the permissible Effective Date under any applicable law requirements. EXECUTION PAGE The Trustee (and Custodian, if applicable), by executing this Adoption Agreement, accepts its position and agrees to all of the obligations, responsibilities and duties imposed upon the Trustee (or Custodian) under the Prototype Plan and Trust. The Employer hereby agrees to the provisions of this Plan and Trust, and in witness of its agreement, the Employer by its duly authorized officers, has executed this Adoption Agreement, and the Trustee (and Custodian, if applicable) signified its acceptance, on this ___________ NOVEMBER day of_______________of 16, 19_____98. Name and EIN of Employer: CAPITAL BANKVALLEY COMMUNITY BANCSHARES, N.A. 34INC. 00-1000000 Xxgned0000000 Signed: ---------------------------------------------------------------- Name(s) of Trustee: THE U.S. BANK OF WASHINGTON - TRUST COMPANY OF TOLEDO, N.A. DIVISION Signed: ---------------------------------------------------------------- ---------------------------------------------------------------- Name of Custodian: N/A Signed:: ---------------------------------------------------------------- [NOTE: A TRUSTEE IS MANDATORY, BUT A CUSTODIAN IS OPTIONAL. SEE SECTION 10.03 OF THE PLAN.] PLAN NUMBER. The 3-digit plan number the Employer assigns to this Plan for ERISA reporting purposes (Form 5500 Series) is: 001.

Allocation of Earnings. The special allocation provisions elected under Adoption Agreement Section 9.11 are effective for Plan Years beginning after ________________________. [X] (j) (SPECIFY) THE VESTING COMPUTATION PERIOD ELECTED UNDER ADOPTION AGREEMENT SECTION 5.06(a) IS EFFECTIVE FOR PLAN YEARS BEGINNING AFTER DECEMBER 31, 1996. THE SALARY REDUCTION AGREEMENT PROVISIONS ELECTED UNDER ADOPTION AGREEMENT SECTIONS 3.01(k)(2), 3.01(k)(3), AND 3.01(k)(4) ARE EFFECTIVE BEGINNING JULY 1, 1997. THE DISTRIBUTION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 6.01 ARE EFFECTIVE BEGINNING JULY 1, 1997. THE VALUATION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 10.14(b) ARE EFFECTIVE BEGINNING JULY 1, 1997. For Plan Years prior to the special Effective Date, the terms of the Plan prior to its restatement under this Adoption Agreement will control for purposes of the designated provisions. A special Effective Date may not result in the delay of a Plan provision beyond the permissible Effective Date under any applicable law requirements. EXECUTION PAGE The Trustee (and Custodian, if applicable), by executing this Adoption Agreement, accepts its position and agrees to all of the obligations, responsibilities and duties imposed upon the Trustee (or Custodian) under the Prototype Plan and Trust. The Employer hereby agrees to the provisions of this Plan and Trust, and in witness of its agreement, the Employer by its duly authorized officers, has executed this Adoption Agreement, and the Trustee (and Custodian, if applicable) signified its acceptance, on this ___________ 14th day of_______________of December, 19_____1998. Name and EIN of Employer: CAPITAL BANKBilling Information Concepts Corp. EIN: 00-0000000 --------------------------------------------------- Signed: /s/ Xxx Xxxxx, N.A. 34-1000000 Xxgned: Xxxxx X. Xxxxxxx and Xxxxxx X. Xxxxx ----------------------------------------------------------- Name(s) of Trustee: THE XXXXXX XXXXXXX XXXX XXXXXX TRUST COMPANY OF TOLEDO, N.A. FSB ---------------------------------------------- Signed: /s/ [Signature Illegible] ----------------------------------------------------------- ----------------------------------------------------------- Name of Custodian: ------------------------------------------------ Signed:: ----------------------------------------------------------- [NOTE: A TRUSTEE IS MANDATORY, BUT A CUSTODIAN IS OPTIONAL. SEE SECTION 10.03 OF THE PLAN.] PLAN NUMBER. The 3-digit plan number the Employer assigns to this Plan for ERISA reporting purposes (Form 5500 Series) is: 001.

Allocation of Earnings. The special allocation provisions provision elected under Adoption Agreement Section 9.11 are effective for Plan Years beginning after ________________________. [X] (j) (SPECIFY) THE VESTING COMPUTATION PERIOD ELECTED UNDER ADOPTION AGREEMENT SECTION 5.06(a) IS EFFECTIVE FOR PLAN YEARS BEGINNING AFTER DECEMBER 31, 1996. THE SALARY REDUCTION AGREEMENT PROVISIONS ELECTED UNDER ADOPTION AGREEMENT SECTIONS 3.01(k)(2), 3.01(k)(3), AND 3.01(k)(4) ARE EFFECTIVE BEGINNING JULY 1, 1997. THE DISTRIBUTION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 6.01 ARE EFFECTIVE BEGINNING JULY 1, 1997. THE VALUATION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 10.14(b) ARE EFFECTIVE BEGINNING JULY 1, 1997_________. For Plan Years prior to the special Effective Date, the terms of the Plan prior to its restatement under this Adoption Agreement will control for purposes of the designated provisions. A special Effective Date may not result in the delay of a Plan provision beyond the permissible Effective Date under any applicable law requirements. EXECUTION PAGE The Trustee (and Custodian, if applicable), by executing this Adoption Agreement, accepts its position and agrees to all of the obligations, responsibilities and duties imposed upon the Trustee (or Custodian) under the Prototype Plan and Trust. The Employer hereby agrees to the provisions of this Plan and Trust, and in witness of its agreement, the Employer by its duly authorized officers, has executed this Adoption Agreement, and the Trustee (and Custodian, if applicable) signified its acceptance, on this ___________ 17th day of_______________of February, 19_____1994. Name and EIN of Employer, FIRST FEDERAL BANK OF IDAHO, FSB, EIN No. 00-0000000. Signed: CAPITAL BANK, N.A. 34-1000000 Xxgned: /s/ Xxxxx X. Xxxxxx -------------------------------------------------------------------- Xxxxx X. Xxxxxx Name(s) of Trustee: THE TRUST COMPANY FIRST FEDERAL BANK OF TOLEDOIDAHO, N.A. FSB Signed: /s/ Xxxxx X. Xxxxxx /s/ X.X. Xxxx /s/ Xxxx X. Xxxxxx -------------------------------------------------------------------- Xxxxx X. Xxxxxx X.X. Xxxx Xxxx X. Xxxxxx /s/ Xxxxx Xxxxx /s/ Xxxxx X. Xxxxxx -------------------------------------------------------------------- Xxxxx Xxxxx Xxxxx X. Xxxxxx Name of Custodian: FIRST FEDERAL BANK OF IDAHO, FSB Signed:: /s/ Xxxxx X. Xxxxxx ----------------------------------------------------------------- Xxxxx X. Xxxxxx [Note: A Trustee is mandatory, but a Custodian is optional. See Section 10.03 of the Plan.] PLAN NUMBER. The 3-digit plan number the Employer assigns to this Plan for ERISA reporting purposes (Form 5500 Series) is: 002.

Allocation of Earnings. The special allocation provisions elected under Adoption Agreement Section 9.11 are effective for Plan Years beginning after ____________________________________________________ . [X[ ] (j) (SPECIFYSpecify) THE VESTING COMPUTATION PERIOD ELECTED UNDER ADOPTION AGREEMENT SECTION 5.06(a) IS EFFECTIVE FOR PLAN YEARS BEGINNING AFTER DECEMBER 31, 1996. THE SALARY REDUCTION AGREEMENT PROVISIONS ELECTED UNDER ADOPTION AGREEMENT SECTIONS 3.01(k)(2), 3.01(k)(3), AND 3.01(k)(4) ARE EFFECTIVE BEGINNING JULY 1, 1997. THE DISTRIBUTION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 6.01 ARE EFFECTIVE BEGINNING JULY 1, 1997. THE VALUATION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 10.14(b) ARE EFFECTIVE BEGINNING JULY 1, 1997_______________________________________________________. For Plan Years prior to the special Effective Date, the terms of the Plan prior to its restatement under this Adoption Agreement will control for purposes of the designated provisions. A special Effective Date may not result in the delay of a Plan provision beyond the permissible Effective Date under any applicable law requirements. EXECUTION PAGE The Trustee (and Custodian, if applicable), by executing this Adoption Agreement, accepts its position and agrees to all of the obligations, responsibilities and duties imposed upon the Trustee (or Custodian) under the Prototype Master Plan and Trust. The Employer hereby agrees to the provisions of this Plan and Trust, and in witness of its agreement, the Employer by its duly authorized officers, has executed this Adoption Agreement, and the Trustee (and Custodian, if applicable) signified its acceptance, on this ____________________ day ofof ________________, 19_____. Name and EIN of Employer: CAPITAL BANK, N.A. 34-1000000 Xxgned____________________________________________________ ______________________________________________________________________________ Signed: ______________________________________________________________________ Name(s) of Trustee: THE XXXX XXXXXX TRUST COMPANY OF TOLEDO, N.A. Signed: ______________________________________________________________________ Name of Custodian: ___________________________________________________________ Signed:: ______________________________________________________________________ [Note: A Trustee is mandatory, but a Custodian is optional. See Section 10.03 of the Plan.]

Allocation of Earnings. The special allocation provisions elected under Adoption Agreement Section 9.11 are effective for Plan Years beginning after ________________________. [X] (j) (SPECIFY) THE VESTING COMPUTATION PERIOD ELECTED UNDER ADOPTION AGREEMENT SECTION 5.06(a) IS EFFECTIVE FOR PLAN YEARS BEGINNING AFTER DECEMBER 31, 1996. THE SALARY REDUCTION AGREEMENT PROVISIONS ELECTED UNDER ADOPTION AGREEMENT SECTIONS 3.01(k)(2), 3.01(k)(3), AND 3.01(k)(4) ARE EFFECTIVE BEGINNING JULY 1, 1997. THE DISTRIBUTION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 6.01 ARE EFFECTIVE BEGINNING JULY 1, 1997. THE VALUATION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 10.14(b) ARE EFFECTIVE BEGINNING JULY 1, 1997. For Plan Years prior to the special Effective Date, the terms of the Plan prior to its restatement under this Adoption Agreement will control for purposes of the designated provisions. A special Effective Date may not result in the delay of a Plan provision beyond the permissible Effective Date under any applicable law requirements. EXECUTION PAGE The Trustee (and Custodian, if applicable), by executing this Adoption Agreement, accepts its position and agrees to all of the obligations, responsibilities and duties imposed upon the Trustee (or Custodian) under the Prototype Plan and Trust. The Employer hereby agrees to the provisions of this Plan and Trust, and in witness of its agreement, the Employer by its duly authorized officers, has executed this Adoption Agreement, and the Trustee (and Custodian, if applicable) signified its acceptance, on this ___________ 13th day ofof ---- September, 1994. --------- -- Name and EIN of Employer: Salida Building and Loan Association 00-0000000 ----------------------------------------------- Signed: /s/ Xxxxx X. Xxxxx ----------------------------------------------------------------- Xxxxx X. Xxxxx Name(s) of Trustee: Xxxxx X. Xxxxx , Xxxxxxx X. Xxxxx , Xxxxxx Xxxxxxxx , ----------------------------------------------------- Xxxxxxx Xxxxx, Xxxx Xxxxx ------------------------- Signed: /s/ Xxxxx X. Xxxxx , /s/ Xxxxxxx X. Xxxxx , /s/ Xxxxxx Xxxxxxxx , ----------------------------------------------------------------- /s/ Xxxxxxx Xxxxx, /s/ Xxxx Xxxxx ----------------------------------------------------------------- Name of Custodian:_______________, 19_____. Name and EIN of Employer: CAPITAL BANK, N.A. 34-1000000 Xxgned: Name(s) of Trustee: THE TRUST COMPANY OF TOLEDO, N.A. Signed: Name of Custodian: _____________________________________ Signed:____________________________________________________________________ [Note: A Trustee is mandatory, but a Custodian is optional. See Section 10.03 of the Plan.] PLAN NUMBER. The 3-digit plan number the Employer assigns to this Plan for ERISA reporting purposes (Form 5500 Series) is: 001. ---

Allocation of Earnings. The special allocation provisions elected under Adoption Agreement Section 9.11 are effective for Plan Years beginning after after______________________. [ ] (j) (Specify)________________________. [X] (j) (SPECIFY) THE VESTING COMPUTATION PERIOD ELECTED UNDER ADOPTION AGREEMENT SECTION 5.06(a) IS EFFECTIVE FOR PLAN YEARS BEGINNING AFTER DECEMBER 31, 1996. THE SALARY REDUCTION AGREEMENT PROVISIONS ELECTED UNDER ADOPTION AGREEMENT SECTIONS 3.01(k)(2), 3.01(k)(3), AND 3.01(k)(4) ARE EFFECTIVE BEGINNING JULY 1, 1997. THE DISTRIBUTION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 6.01 ARE EFFECTIVE BEGINNING JULY 1, 1997. THE VALUATION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 10.14(b) ARE EFFECTIVE BEGINNING JULY 1, 1997_______________________________. For Plan Years prior to the special Effective Date, the terms of the Plan prior to its restatement under this Adoption Agreement will control for purposes of the designated provisions. A special Effective Date may not result in the delay of a Plan provision beyond the permissible Effective Date under any applicable law requirements. EXECUTION PAGE The Trustee (and Custodian, if applicable), by executing this Adoption Agreement, accepts its position and agrees to all of the obligations, responsibilities and duties imposed upon the Trustee (or Custodian) under the Prototype Plan and Trust. The Employer hereby agrees to the provisions of this Plan and Trust, and in witness of its agreement, the Employer by its duly authorized officers, has executed this Adoption Agreement, and the Trustee (and Custodian, if applicable) signified its acceptance, on this ____this_______ day of____, ___________, 19_____1999. Name and EIN of Employer: CAPITAL BANKResortQuest International, N.A. 34Inc. ------------------------------------------------------- 00-1000000 Xxgned0000000 -------------------------------------------------------------------------------- Signed: ------------------------------------------------------------------ Name(s) of Trustee: THE TRUST COMPANY OF TOLEDOUnion Planters Bank, N.A. ------------------------------------------------------------- Signed: ------------------------------------------------------------------ Name of Custodian: N/A --------------------------------------------------------------- Signed:: ------------------------------------------------------------------ [Note: A Trustee is mandatory, but a Custodian is optional. See Section 10.03 of the Plan.] PLAN NUMBER. The 3-digit plan number the Employer assigns to this Plan for ERISA reporting purposes (Form 5500 Series) is: 001. USE OF ADOPTION AGREEMENT. Failure to complete properly the elections in this Adoption Agreement may result in disqualification of the Employer's Plan. The 3-digit number assigned to this Adoption Agreement (see page 1) is solely for the Regional Prototype Plan Sponsor's recordkeeping purposes and does not necessarily correspond to the plan number the Employer designated in the prior paragraph.

Allocation of Earnings. The special allocation provisions elected under Adoption Agreement Section 9.11 are effective for Plan Years beginning after ________________________. _ [X] (j) (SPECIFYSpecify) THE VESTING COMPUTATION PERIOD ELECTED UNDER ADOPTION AGREEMENT SECTION 5.06(a) IS EFFECTIVE FOR PLAN YEARS BEGINNING AFTER DECEMBER 31, 1996. THE SALARY REDUCTION AGREEMENT PROVISIONS ELECTED UNDER ADOPTION AGREEMENT SECTIONS 3.01(k)(2), 3.01(k)(3), AND 3.01(k)(4) ARE EFFECTIVE BEGINNING JULY 1, 1997. THE DISTRIBUTION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 6.01 ARE EFFECTIVE BEGINNING JULY 1, 1997. THE VALUATION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 10.14(b) ARE EFFECTIVE BEGINNING JULY 1, 1997Participant loans available under the Plan: Rollovers from other qualified plans and Participant direction of investment allowed. For Plan Years prior to the special Effective Date, the terms of the Plan prior to its restatement under this Adoption Agreement will control for purposes of the designated provisions. A special Effective Date may not result in the delay of a Plan provision beyond the permissible Effective Date under any applicable law requirements. EXECUTION PAGE The Trustee (and Custodian, if applicable), by executing this Adoption Agreement, accepts its position and agrees to all of the obligations, responsibilities and duties imposed upon the Trustee (or Custodian) under the Prototype Plan and Trust. The Employer hereby agrees to the provisions of this Plan and Trust, and in witness of its agreement, the Employer by its duly authorized officers, has executed this Adoption Agreement, and the Trustee (and Custodian, if applicable) signified its acceptance, on this ___________ 1st day ofof December, 1998. Name and EIN of Employer: MIDCOAST ENERGY RESOURCES. INC. 00-0000000 Signed: /s/ Xxxxxxx Xxxxxx ------------------- XXXXXXX XXXXXX Name(s) of Trustee: XXXXXXX XXXXXX, XXXXX XXXXXX Signed: /s/ Xxxxxxx Xxxxxx ------------------- /s/ Xxxxx Xxxxxx ----------------- Name of Custodian: N/A Signed: _______________, 19_____________________________ [Note: A Trustee is mandatory, but a Custodian is optional. Name and EIN See Section 10.03 of Employerthe Plan.] PLAN NUMBER. The 3-digit plan number the Employer assigns to this Plan for ERISA reporting purposes (Form 5500 Series) is: CAPITAL BANK, N.A. 34-1000000 Xxgned: Name(s) of Trustee: THE TRUST COMPANY OF TOLEDO, N.A. Signed: Name of Custodian: Signed:001.

Allocation of Earnings. The special allocation provisions elected under Adoption Agreement Section 9.11 are effective for Plan Years beginning after ________________________. [X] (j) (SPECIFY) THE VESTING COMPUTATION PERIOD ELECTED UNDER ADOPTION AGREEMENT SECTION 5.06(a) IS EFFECTIVE FOR PLAN YEARS BEGINNING AFTER DECEMBER 31, 1996. THE SALARY REDUCTION AGREEMENT PROVISIONS ELECTED UNDER ADOPTION AGREEMENT SECTIONS 3.01(k)(2), 3.01(k)(3), AND 3.01(k)(4) ARE EFFECTIVE BEGINNING JULY 1, 1997. THE DISTRIBUTION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 6.01 ARE EFFECTIVE BEGINNING JULY 1, 1997. THE VALUATION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 10.14(b) ARE EFFECTIVE BEGINNING JULY 1, 1997. For Plan Years prior to the special Effective Date, the terms of the Plan prior to its restatement under this Adoption Agreement will control for purposes of the designated provisions. A special Effective Date may not result in the delay of a Plan provision beyond the permissible Effective Date under any applicable law requirements. EXECUTION PAGE 23 The Trustee (and Custodian, if applicable), by executing this Adoption Agreement, accepts its position and agrees to all of the obligations, responsibilities and duties imposed upon the Trustee (or Custodian) under the Prototype Master Plan and Trust. The Employer hereby agrees to the provisions of this Plan and Trust, and in witness of its agreement, the Employer by its duly authorized officers, has executed this Adoption Agreement, and the Trustee (and Custodian, if applicable) signified its acceptance, on this ___________ 18th day ofof November, 1998. Name and EIN of Employer: American Stone Corporation 34-1000000 Xxgned: /s/ Davix Xxxxxxx ----------------- Davix Xxxxxxx, Xxesident Name(s) of Trustee: FirstMerit Bank, N.A. , 123 Xxxx Xxxxxxxx Xxxxxx , Xxxxxxxxx, Xxxx 00000 Xigned: /s/ Albexx X. Xxxrabei ---------------------- Albexx X. Xxxrabei, Vice President and Trust Officer Name of Custodian: _______________, 19_____. Name and EIN of Employer: CAPITAL BANK, N.A. 34-1000000 Xxgned: Name(s) of Trustee: THE TRUST COMPANY OF TOLEDO, N.A. ________________ Signed: Name ______________________________________________________ [Note: A Trustee is mandatory, but a Custodian is optional. See Section 10.03 of Custodian: Signed:the Plan.]

Allocation of Earnings. The special allocation provisions elected under Adoption Agreement Section 9.11 are effective for Plan Years beginning after _______. [ ] (j) (SPECIFY) _________________. [X] (j) (SPECIFY) THE VESTING COMPUTATION PERIOD ELECTED UNDER ADOPTION AGREEMENT SECTION 5.06(a) IS EFFECTIVE FOR PLAN YEARS BEGINNING AFTER DECEMBER 31, 1996. THE SALARY REDUCTION AGREEMENT PROVISIONS ELECTED UNDER ADOPTION AGREEMENT SECTIONS 3.01(k)(2), 3.01(k)(3), AND 3.01(k)(4) ARE EFFECTIVE BEGINNING JULY 1, 1997. THE DISTRIBUTION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 6.01 ARE EFFECTIVE BEGINNING JULY 1, 1997. THE VALUATION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 10.14(b) ARE EFFECTIVE BEGINNING JULY 1, 1997________________________________. For Plan Years prior to the special Effective Date, the terms of the Plan prior to its restatement under this Adoption Agreement will control for purposes of the designated provisions. A special Effective Date may not result in the delay of a Plan provision beyond the permissible Effective Date under any applicable law requirements. EXECUTION PAGE The Trustee (and Custodian, if applicable), by executing this Adoption Agreement, accepts its position and agrees to all of the obligations, responsibilities and duties imposed upon the Trustee (or Custodian) under the Prototype Master Plan and Trust. The Employer hereby agrees to the provisions of this Plan and Trust, and in witness of its agreement, the Employer by its duly authorized officers, has executed this Adoption Agreement, and the Trustee (and Custodian, if applicable) signified its acceptance, on this ___________ 10th day ofof June, 1997. Name and EIN of Employer: RECOVERY ENGINEERING, INC. 00-0000000 Signed: /s/ Xxxxxxx X. Xxxxxxxxx Name(s) of Trustee: NORWEST BANK MINNESOTA, N.A. Signed: /s/ Xxxxx X. Xxxxxxxx Vice President Name of Custodian: _______________, 19_ Signed: ______________ [NOTE: A TRUSTEE IS MANDATORY, BUT A CUSTODIAN IS OPTIONAL. Name and EIN of EmployerSEE SECTION 10.03 OF THE PLAN.] PLAN NUMBER. The 3-digit plan number the Employer assigns to this Plan for ERISA reporting purposes (Form 5500 Series) is: CAPITAL BANK, N.A. 34-1000000 Xxgned: Name(s) of Trustee: THE TRUST COMPANY OF TOLEDO, N.A. Signed: Name of Custodian: Signed:001.

Allocation of Earnings. The special allocation provisions elected under Adoption Agreement Section 9.11 are effective for Plan Years beginning after ____________. [ ] (j) (SPECIFY)____________. [X] (j) (SPECIFY) THE VESTING COMPUTATION PERIOD ELECTED UNDER ADOPTION AGREEMENT SECTION 5.06(a) IS EFFECTIVE FOR PLAN YEARS BEGINNING AFTER DECEMBER 31, 1996. THE SALARY REDUCTION AGREEMENT PROVISIONS ELECTED UNDER ADOPTION AGREEMENT SECTIONS 3.01(k)(2), 3.01(k)(3), AND 3.01(k)(4) ARE EFFECTIVE BEGINNING JULY 1, 1997. THE DISTRIBUTION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 6.01 ARE EFFECTIVE BEGINNING JULY 1, 1997. THE VALUATION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 10.14(b) ARE EFFECTIVE BEGINNING JULY 1, 1997________________________________________. For Plan Years prior to the special Effective Date, the terms of the Plan prior to its restatement under this Adoption Agreement will control for purposes of the designated provisions. A special Effective Date may not result in the delay of a Plan provision beyond the permissible Effective Date under any applicable law requirements. EXECUTION PAGE The Trustee (and Custodian, if applicable), by executing this Adoption Agreement, accepts its position and agrees to all of the obligations, responsibilities and duties imposed upon the Trustee (or Custodian) under the Prototype Plan and Trust. The Employer hereby agrees to the provisions of this Plan and Trust, and in witness of its agreement, the Employer by its duly authorized officers, has executed this Adoption Agreement, and the Trustee (and Custodian, if applicable) signified its acceptance, on this this__________________ day of_______________, 19____________________________ ,_____________. Name and EIN of Employer: CAPITAL BANK, N.A. 34-1000000 Xxgned: American Community Bank ----------------------- Signed:__________________________________________ Dan R. Ellis Name(s) of Trustee: THE TRUST COMPANY OF TOLEDO, N.A. Signed: Dan R. Ellis and Sherrie C. Lemmonx ------------------------------------ Xxxxxx:__________________________________________________ -------------------------------------------------- Name of Custodian: :_______________________________________________________ Signed:__________________________________________________ [NOTE: A TRUSTEE IS MANDATORY, BUT A CUSTODIAN IS OPTIONAL. SEE SECTION 10.03 OF THE PLAN.] PLAN NUMBER. The 3-digit plan number the Employer assigns to this Plan for ERISA reporting purposes (Form 5500 Series) is: 001.

Allocation of Earnings. The special allocation provisions elected under Adoption Agreement Section 9.11 are effective for Plan Years beginning after _______________________________________. [X[ ] (j) (SPECIFYSpecify) THE VESTING COMPUTATION PERIOD ELECTED UNDER ADOPTION AGREEMENT SECTION 5.06(a) IS EFFECTIVE FOR PLAN YEARS BEGINNING AFTER DECEMBER 31, 1996. THE SALARY REDUCTION AGREEMENT PROVISIONS ELECTED UNDER ADOPTION AGREEMENT SECTIONS 3.01(k)(2), 3.01(k)(3), AND 3.01(k)(4) ARE EFFECTIVE BEGINNING JULY 1, 1997. THE DISTRIBUTION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 6.01 ARE EFFECTIVE BEGINNING JULY 1, 1997. THE VALUATION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 10.14(b) ARE EFFECTIVE BEGINNING JULY 1, 1997_____________________________________________________________. For Plan Years prior to the special Effective Date, the terms of the Plan prior to its restatement under this Adoption Agreement will control for purposes of the designated provisions. A special Effective Date may not result in the delay of a Plan provision beyond the permissible Effective Date under any applicable law requirements. EXECUTION PAGE The Trustee (and Custodian, if applicable), by executing this Adoption Agreement, accepts its position and agrees to all of the obligations, responsibilities and duties imposed upon the Trustee (or Custodian) under the Prototype Plan and Trust. The Employer hereby agrees to the provisions of this Plan and Trust, and in witness of its agreement, the Employer by its duly authorized officers, has executed this Adoption Agreement, and the Trustee (and Custodian, if applicable) signified its acceptance, on this ___________ 30th day of_______________of December, 19_____1997. Name and EIN of Employer: CAPITAL BANK, N.A. 34IOWA FARM BUREAU FEDERATION EIN: 42-1000000 Xxgned: Name(s) of Trustee: THE TRUST COMPANY OF TOLEDO, N.A. 033l840 Signed: By /s/ Xxxxxx X. Xxxxxxxxxxx ----------------------------------- Names of Trustees: /s/ Xxxxxx X. Xxxxxxxxxxx ------------------------------------- President, Iowa Farm Bureau Federation /s/ Xxxxxxx X. Xxxxxx -------------------------------------- Sec/Treas, Iowa Farm Bureau Federation Name of Custodian: N/A -------------------------------------------------------------- Signed:: N/A ------------------------------------------------------------------------- [Note: A Trustee is mandatory, but a Custodian is optional. See Section 10.03 of the Plan.] PLAN NUMBER. The 3-digit plan number the Employer assigns to this Plan for ERISA reporting purposes (Form 5500 Series) is: 004.

Allocation of Earnings. The special allocation provisions elected under Adoption Agreement Section 9.11 are effective for Plan Years beginning after ________________________. [X] (j) (SPECIFY) THE VESTING COMPUTATION PERIOD ELECTED UNDER ADOPTION AGREEMENT SECTION 5.06(a) IS EFFECTIVE FOR PLAN YEARS BEGINNING AFTER DECEMBER 31, 1996. THE SALARY REDUCTION AGREEMENT PROVISIONS ELECTED UNDER ADOPTION AGREEMENT SECTIONS 3.01(k)(2), 3.01(k)(3), AND 3.01(k)(4) ARE EFFECTIVE BEGINNING JULY 1, 1997. THE DISTRIBUTION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 6.01 ARE EFFECTIVE BEGINNING JULY 1, 1997. THE VALUATION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 10.14(b) ARE EFFECTIVE BEGINNING JULY 1, 1997the date assets are transferred to the AVESTA system. For Plan Years prior to the special Effective Date, the terms of the Plan prior to its restatement under this Adoption Agreement will control for purposes of the designated provisions. A special Effective Date may not result in the delay of a Plan provision beyond the permissible Effective Date under any applicable law requirements. EXECUTION PAGE The Trustee (and Custodian, if applicable), by executing this Adoption Agreement, accepts its position and agrees to all of the obligations, responsibilities and duties imposed upon the Trustee (or Custodian) under the Prototype Master Plan and Trust. The Employer hereby agrees to the provisions of this Plan and Trust, and in witness of its agreement, the Employer by its duly authorized officers, has executed this Adoption Agreement, and the Trustee (and Custodian, if applicable) signified its acceptance, on this ___________ 17th day of_______________of July, 19_____1996. Name and EIN of Employer: CAPITAL BANKHorizon Mental Health Management, N.A. 34Inc. 75-1000000 Xxgned2000000 ------------------------------------------------- Signed: /s/ Jamex X. XxXxxx ------------------- Name(s) of Trustee: THE TRUST COMPANY OF TOLEDO, N.A. Texas Commerce Bank National Association ---------------------------------------- Signed: /s/ Jamex X. Xxxxx ------------------------------------------------------------------- ------------------------------------------------------------------- Name of Custodian: -------------------------------------------------------- Signed:: /s/ Jamex X. XxXxxx ----------------------------------------------------------------- [Note: A Trustee is mandatory, but a Custodian is optional. See Section 10.03 of the Plan.] PLAN NUMBER. The 3-digit plan number the Employer assigns to this Plan for ERISA reporting purposes (Form 5500 Series) is: 001.

Allocation of Earnings. The special allocation provisions elected under Adoption Agreement Section 9.11 are effective for Plan Years beginning after _________________________________________. [X[ ] (j) (SPECIFYSpecify) THE VESTING COMPUTATION PERIOD ELECTED UNDER ADOPTION AGREEMENT SECTION 5.06(a) IS EFFECTIVE FOR PLAN YEARS BEGINNING AFTER DECEMBER 31, 1996. THE SALARY REDUCTION AGREEMENT PROVISIONS ELECTED UNDER ADOPTION AGREEMENT SECTIONS 3.01(k)(2), 3.01(k)(3), AND 3.01(k)(4) ARE EFFECTIVE BEGINNING JULY 1, 1997. THE DISTRIBUTION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 6.01 ARE EFFECTIVE BEGINNING JULY 1, 1997. THE VALUATION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 10.14(b) ARE EFFECTIVE BEGINNING JULY 1, 1997__________________________________________________________. For Plan Years prior to the special Effective Date, the terms of the Plan prior to its restatement under this Adoption Agreement will control for purposes of the designated provisions. A special Effective Date may not result in the delay of a Plan provision beyond the permissible Effective Date under any applicable law requirements. EXECUTION PAGE 32 The Trustee (and Custodian, if applicable), by executing this Adoption Agreement, accepts its position and agrees to all of the obligations, responsibilities and duties imposed upon the Trustee (or Custodian) under the Prototype Master Plan and Trust. The Employer hereby agrees to the provisions of this Plan and Trust, and in witness of its agreement, the Employer by its duly authorized officers, has executed this Adoption Agreement, and the Trustee (and Custodian, if applicable) signified its acceptance, on this ___________ day of_________ day of _______, 19_______. Name and EIN of Employer: CAPITAL BANK, N.A. 34FIDELITY NATIONAL CORPORATION 58-1000000 Xxgned: ---------------------------------------------- JAMEX X. XXXXXX, XX. - XRESIDENT Name(s) of Trustee: THE TRUST COMPANY OF TOLEDO, N.A. FIDELITY NATIONAL BANK Signed: ---------------------------------------------- ---------------------------------------------- Name of Custodian: ----------------------------------- Signed:: ---------------------------------------------- [Note: A Trustee is mandatory, but a Custodian is optional. See Section 10.03 of the Plan.] PLAN NUMBER. The 3-digit plan number the Employer assigns to this Plan for ERISA reporting purposes (Form 5500 Series) is: 003.

Allocation of Earnings. The special allocation provisions elected under Adoption Agreement Section 9.11 are effective for Plan Years beginning after ________________________. [X[ x ] (j) (SPECIFYSpecify) THE VESTING COMPUTATION PERIOD ELECTED UNDER ADOPTION AGREEMENT SECTION 5.06(a) IS EFFECTIVE FOR PLAN YEARS BEGINNING AFTER DECEMBER 31The vesting schedule will be effective for all participants who complete one hour of service after the effective date of January, 1996. THE SALARY REDUCTION AGREEMENT PROVISIONS ELECTED UNDER ADOPTION AGREEMENT SECTIONS 3.01(k)(2), 3.01(k)(3), AND 3.01(k)(4) ARE EFFECTIVE BEGINNING JULY 1, 1997. THE DISTRIBUTION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 6.01 ARE EFFECTIVE BEGINNING JULY 1, 1997. THE VALUATION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 10.14(b) ARE EFFECTIVE BEGINNING JULY 1, 19971998. For Plan Years prior to the special Effective Date, the terms of the Plan prior to its restatement under this Adoption Agreement will control for purposes of the designated provisions. A special Effective Date may not result in the delay of a Plan provision beyond the permissible Effective Date under any applicable law requirements. EXECUTION PAGE The Trustee (and Custodian, if applicable), by executing this Adoption Agreement, accepts its position and agrees to all of the obligations, responsibilities and duties imposed upon the Trustee (or Custodian) under the Prototype Master Plan and Trust. The Employer hereby agrees to the provisions of this Plan and Trust, and in witness of its agreement, the Employer by its duly authorized officers, has executed this Adoption Agreement, and the Trustee (and Custodian, if applicable) signified its acceptance, on this ___________ 18th day ofof December, 1998. Name and EIN of Employer: XXXXXXX XXXXX, INC. 00-0000000 Signed: /s/ Xxxxxx X. Xxxxxxx CFO/Treasurer/Secretary Name(s) of Trustee: Xxxxxxx Bank Signed: /s/ Name of Custodian: N/A Signed: _______________, 19________________ [Note: A Trustee is mandatory, but a Custodian is optional. Name and EIN See Section 10.03 of Employer: CAPITAL BANK, N.A. 34-1000000 Xxgned: Name(s) of Trustee: THE TRUST COMPANY OF TOLEDO, N.A. Signed: Name of Custodian: Signed:the Plan.]

Allocation of Earnings. The special allocation provisions elected under Adoption Agreement Section 9.11 are effective for Plan Years beginning after ________________________. [X] (j) (SPECIFY) THE VESTING COMPUTATION PERIOD ELECTED UNDER ADOPTION AGREEMENT SECTION 5.06(a) IS EFFECTIVE FOR PLAN YEARS BEGINNING AFTER DECEMBER 31, 1996. THE SALARY REDUCTION AGREEMENT PROVISIONS ELECTED UNDER ADOPTION AGREEMENT SECTIONS 3.01(k)(2), 3.01(k)(3), AND 3.01(k)(4) ARE EFFECTIVE BEGINNING JULY 1, 1997. THE DISTRIBUTION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 6.01 ARE EFFECTIVE BEGINNING JULY 1, 1997. THE VALUATION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 10.14(b) ARE EFFECTIVE BEGINNING JULY 1, 1997. For Plan Years prior to the special Effective Date, the terms of the Plan prior to its restatement under this Adoption Agreement will control for purposes of the designated provisions. A special Effective Date may not result in the delay of a Plan provision beyond the permissible Effective Date under any applicable law requirements. EXECUTION PAGE The Trustee (and Custodian, if applicable), by executing this Adoption Agreement, accepts its position and agrees to all of the obligations, responsibilities and duties imposed upon the Trustee (or Custodian) under the Prototype Master Plan and Trust. The Employer hereby agrees to the provisions of this Plan and Trust, and in witness of its agreement, the Employer by its duly authorized officers, has executed this Adoption Agreement, and the Trustee (and Custodian, if applicable) signified its acceptance, on this ___________ 25 TH day ofof MARCH , 1998. Name and EIN of Employer: ATS MONEY SYSTEMS, INC. 00-0000000 Signed: /s/ XXXXXX X. XXXXXX ---------------------------------------------------- Xxxxxx X. Xxxxxxx, President & CEO Name(s) of Trustee: FIRST UNION NATIONAL BANK Signed: /s/ XXX X. XXXXXXXX, XX. ---------------------------------------------------- Xxx X. Xxxxxxxx, Xx., Group Vice President Name of Custodian:_______________, 19_____. Name and EIN of Employer: CAPITAL BANK, N.A. 34-1000000 Xxgned: Name(s) of Trustee: THE TRUST COMPANY OF TOLEDO, N.A. Signed: Name of Custodian: ______________________ Signed:_____________________________________________________ [NOTE: A TRUSTEE IS MANDATORY, BUT A CUSTODIAN IS OPTIONAL. SEE SECTION 10.03 OF THE PLAN.]

Allocation of Earnings. The special allocation provisions elected under Adoption Agreement Section 9.11 are effective for Plan Years beginning after ________________________. [X[ ] (j) (SPECIFY) THE VESTING COMPUTATION PERIOD ELECTED UNDER ADOPTION AGREEMENT SECTION 5.06(a) IS EFFECTIVE FOR PLAN YEARS BEGINNING AFTER DECEMBER 31, 1996. THE SALARY REDUCTION AGREEMENT PROVISIONS ELECTED UNDER ADOPTION AGREEMENT SECTIONS 3.01(k)(2), 3.01(k)(3), AND 3.01(k)(4) ARE EFFECTIVE BEGINNING JULY 1, 1997. THE DISTRIBUTION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 6.01 ARE EFFECTIVE BEGINNING JULY 1, 1997. THE VALUATION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 10.14(b) ARE EFFECTIVE BEGINNING JULY 1, 1997______________________________________________________ ___________________. For Plan Years prior to the special Effective Date, the terms of the Plan prior to its restatement under this Adoption Agreement will control for purposes of the designated provisions. A special Effective Date may not result in the delay of a Plan provision beyond the permissible Effective Date under any applicable law requirements. EXECUTION PAGE The Trustee (and Custodian, if applicable), by executing this Adoption Agreement, accepts its position and agrees to all of the obligations, responsibilities and duties imposed upon the Trustee (or Custodian) under the Prototype Master Plan and Trust. The Employer hereby agrees to the provisions of this Plan and Trust, and in witness of its agreement, the Employer by its duly authorized officers, has executed this Adoption Agreement, and the Trustee (and Custodian, if applicable) signified its acceptance, on this __________ ______ day ofof ___________________, 19_____. Name and EIN of Employer: CAPITAL BANK, N.A. 34SONIC CORP. EIN: 00-1000000 Xxgned0000000 -------------------------------------- Signed: ------------------------------------------------------- Name(s) of Trustee: THE TRUST COMPANY BANK OF TOLEDOOKLAHOMA, N.A. ------------------------------------------- Signed: ------------------------------------------------------- ------------------------------------------------------- Name of Custodian: N/A ----- Signed:: ------------------------------------------------------- [NOTE: A TRUSTEE IS MANDATORY, BUT A CUSTODIAN IS OPTIONAL. SEE SECTION 10.03 OF THE PLAN.] PLAN NUMBER. The 3-digit plan number the Employer assigns to this Plan for ERISA reporting purposes (Form 5500 Series) is: 001.

Allocation of Earnings. The special allocation provisions elected under Adoption Agreement Section 9.11 are effective for Plan Years beginning after _____________. [ ] (j) (Specify) ___________. [X] (j) (SPECIFY) THE VESTING COMPUTATION PERIOD ELECTED UNDER ADOPTION AGREEMENT SECTION 5.06(a) IS EFFECTIVE FOR PLAN YEARS BEGINNING AFTER DECEMBER 31, 1996. THE SALARY REDUCTION AGREEMENT PROVISIONS ELECTED UNDER ADOPTION AGREEMENT SECTIONS 3.01(k)(2), 3.01(k)(3), AND 3.01(k)(4) ARE EFFECTIVE BEGINNING JULY 1, 1997. THE DISTRIBUTION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 6.01 ARE EFFECTIVE BEGINNING JULY 1, 1997. THE VALUATION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 10.14(b) ARE EFFECTIVE BEGINNING JULY 1, 1997_________________________________________. For Plan Years prior to the special Effective Date, the terms of the Plan prior to its restatement under this Adoption Agreement will control for purposes of the designated provisions. A special Effective Date may not result in the delay of a Plan provision beyond the permissible Effective Date under any applicable law requirements. EXECUTION PAGE The Trustee (and Custodian, if applicable), by executing this Adoption Agreement, accepts its position and agrees to all of the obligations, responsibilities and duties imposed upon the Trustee (or Custodian) under the Prototype Master Plan and Trust. The Employer hereby agrees to the provisions of this Plan and Trust, and in witness of its agreement, the Employer by its duly authorized officers, has executed this Adoption Agreement, and the Trustee (and Custodian, if applicable) signified its acceptance, on this ___________ 31st day of_______________of December, 19_____2000. Name and EIN of Employer: CAPITAL BANK, N.A. 34Allied Capital Corporation 52-1000000 Xxgned: /s/ Kellx Xxxxxxxx --------------------------------------------- Kellx Xxxxxxxx, Xxeasurer --------------------------------------------- Name(s) of Trustee: THE TRUST COMPANY OF TOLEDO, N.A. First Union National Bank Signed: /s/ Elizxxxxx Xxxxxx --------------------------------------------- Elizxxxxx Xxxxxx --------------------------------------------- Name of Custodian: --------------------------------------------- Signed:: --------------------------------------------- [Note: A Trustee is mandatory, but a Custodian is optional. See Section 10.03 of the Plan.] PLAN NUMBER. The 3-digit plan number the Employer assigns to this Plan for ERISA reporting purposes (Form 5500 Series) is: 002.

Allocation of Earnings. The special allocation provisions elected under Adoption Agreement Section 9.11 are effective for Plan Years beginning after ________________________. [X[ ] (j) (SPECIFYSpecify) THE VESTING COMPUTATION PERIOD ELECTED UNDER ADOPTION AGREEMENT SECTION 5.06(a) IS EFFECTIVE FOR PLAN YEARS BEGINNING AFTER DECEMBER 31, 1996. THE SALARY REDUCTION AGREEMENT PROVISIONS ELECTED UNDER ADOPTION AGREEMENT SECTIONS 3.01(k)(2), 3.01(k)(3), AND 3.01(k)(4) ARE EFFECTIVE BEGINNING JULY 1, 1997. THE DISTRIBUTION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 6.01 ARE EFFECTIVE BEGINNING JULY 1, 1997. THE VALUATION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 10.14(b) ARE EFFECTIVE BEGINNING JULY 1, 1997___________________________. For Plan Years prior to the special Effective Date, the terms of the Plan prior to its restatement under this Adoption Agreement will control for purposes of the designated provisions. A special Effective Date may not result in the delay of a Plan provision beyond the permissible Effective Date under any applicable law requirements. EXECUTION PAGE -------------- The Trustee (and Custodian, if applicable), by executing this Adoption Agreement, accepts its position and agrees to all of the obligations, responsibilities and duties imposed upon the Trustee (or Custodian) under the Prototype Master Plan and Trust. The Employer hereby agrees to the provisions of this Plan and Trust, and in witness of its agreement, the Employer by its duly authorized officers, has executed this Adoption Agreement, and the Trustee (and Custodian, if applicable) signified its acceptance, on this ___________ 28th day of_______________of October, 19_____1996. ---- -------- ----- Name and EIN of Employer: CAPITAL BANKHouse of Fabrics, N.A. 34Inc. --------------------- EIN 00-1000000 Xxgned: 0000000 -------------- Signed:/s/ Xxxxxx X. Xxxxxxxx ------------------------------------------------------------------------- Xxxxxx X. Xxxxxxxx, Xx. Vice President Name(s) of Trustee: THE XXXX XXXXXX TRUST COMPANY OF TOLEDO, N.A. Signed: /s/ Xxxx Van Heuvelen ------------------------------------------------------------------------ Name of Custodian: ------------------------------------------------------------- Signed:: ------------------------------------------------------------------------- [Note: A Trustee is mandatory, but a Custodian is optional. See Section 10.03 of the Plan.] PLAN NUMBER. The 3-digit plan number the Employer assigns to this Plan for ERISA reporting purposes (Form 5500 Series) is: 001. ---

Allocation of Earnings. The special allocation provisions elected under Adoption Agreement Section 9.11 are effective for Plan Years beginning after ________ . [ ] (j) (Specify) _________________. [X] (j) (SPECIFY) THE VESTING COMPUTATION PERIOD ELECTED UNDER ADOPTION AGREEMENT SECTION 5.06(a) IS EFFECTIVE FOR PLAN YEARS BEGINNING AFTER DECEMBER 31, 1996. THE SALARY REDUCTION AGREEMENT PROVISIONS ELECTED UNDER ADOPTION AGREEMENT SECTIONS 3.01(k)(2), 3.01(k)(3), AND 3.01(k)(4) ARE EFFECTIVE BEGINNING JULY 1, 1997. THE DISTRIBUTION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 6.01 ARE EFFECTIVE BEGINNING JULY 1, 1997. THE VALUATION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 10.14(b) ARE EFFECTIVE BEGINNING JULY 1, 1997______________________. For Plan Years prior to the special Effective Date, the terms of the Plan prior to its restatement under this Adoption Agreement will control for purposes of the designated provisions. A special Effective Date may not result in the delay of a Plan provision beyond the permissible Effective Date under any applicable law requirements. EXECUTION PAGE The Trustee (and Custodian, if applicable), by executing this Adoption Agreement, accepts its position and agrees to all of the obligations, responsibilities and duties imposed upon the Trustee (or Custodian) under the Prototype Master Plan and Trust. The Employer hereby agrees to the provisions of this Plan and Trust, and in witness of its agreement, the Employer by its duly authorized officers, has executed this Adoption Agreement, and the Trustee (and Custodian, if applicable) signified its acceptance, on this ________________________ day ofof _______________, 19________________ , _______ . Name and EIN of Employer: CAPITAL BANKUniversal Compression, N.A. 34Inc. 74-1000000 Xxgned0000000 Xigned: /s/ ERNXX X. XXXXXX ---------------------------------------------------------------- Name(s) of Trustee: THE TRUST COMPANY OF TOLEDOWelxx Xxrgo Bank Texas, N.A. Signed: /s/ LARXX XXXXXXX ---------------------------------------------------------------- Welxx Xxrgo Bank ---------------------------------------------------------------- Name of Custodian: n/a Signed:: ---------------------------------------------------------------- [Note: A Trustee is mandatory, but a Custodian is optional. See Section 10.03 of the Plan.] PLAN NUMBER. The 3-digit plan number the Employer assigns to this Plan for ERISA reporting purposes (Form 5500 Series) is: 001. USE OF ADOPTION AGREEMENT. Failure to complete properly the elections in this Adoption Agreement may result in disqualification of the Employer's Plan. The 3-digit number assigned to this Adoption Agreement (see page 1) is solely for the Master Plan Sponsor's recordkeeping purposes and does not necessarily correspond to the plan number the Employer designated in the prior paragraph. MASTER PLAN SPONSOR. The Master Plan Sponsor identified on the first page of the basic plan document will notify all adopting employers of any amendment of this Master Plan or of any abandonment or discontinuance by the Master Plan Sponsor of its maintenance of this Master Plan. For inquiries regarding the adoption of the Master Plan, the Master Plan Sponsor's intended meaning of any plan provisions or the effect of the opinion letter issued to the Master Plan Sponsor, please contact the Master Plan Sponsor at the following address and telephone number: 505 Xxxx Xxxxxx, Xxxxx 000, Xxxx Xxxxx, Xxxxx, 00000, 017-000-0000 . RELIANCE ON OPINION LETTER. The Employer may not rely on the Master Plan Sponsor's opinion letter covering this Adoption Agreement. For reliance on the Plan's qualification, the Employer must obtain a determination letter from the applicable IRS Key District office.

Allocation of Earnings. The special allocation provisions elected under Adoption Agreement Section 9.11 are effective for Plan Years beginning after ________________. [ ] (j) (Specify) ________. [X] (j) (SPECIFY) THE VESTING COMPUTATION PERIOD ELECTED UNDER ADOPTION AGREEMENT SECTION 5.06(a) IS EFFECTIVE FOR PLAN YEARS BEGINNING AFTER DECEMBER 31, 1996. THE SALARY REDUCTION AGREEMENT PROVISIONS ELECTED UNDER ADOPTION AGREEMENT SECTIONS 3.01(k)(2), 3.01(k)(3), AND 3.01(k)(4) ARE EFFECTIVE BEGINNING JULY 1, 1997. THE DISTRIBUTION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 6.01 ARE EFFECTIVE BEGINNING JULY 1, 1997. THE VALUATION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 10.14(b) ARE EFFECTIVE BEGINNING JULY 1, 1997_________________________________________________ ______________________________________________________________________. For Plan Years prior to the special Effective Date, the terms of the Plan prior to its restatement under this Adoption Agreement will control for purposes of the designated provisions. A special Effective Date may not result in the delay of a Plan provision beyond the permissible Effective Date under any applicable law requirements. EXECUTION PAGE The Trustee (and Custodian, if applicable), by executing this Adoption Agreement, accepts its position and agrees to all of the obligations, responsibilities and duties imposed upon the Trustee (or Custodian) under the Prototype Master Plan and Trust. The Employer hereby agrees to the provisions of this Plan and Trust, and in witness of its agreement, the Employer by its duly authorized officers, has executed this Adoption Agreement, and the Trustee (and Custodian, if applicable) signified its acceptance, on this ___________ 24th day of_of November , 1999. Name and EIN of Employer: Team, Inc. 00-0000000 Signed: ----------------------------------------------------------------------- Xxxxx X. Xxxxxx, Vice President Name(s) of Trustee: Xxxxx Fargo Bank Texas, N.A. Signed: ----------------------------------------------------------------------- ----------------------------------------------------------------------- Name of Custodian: ------------------------------------------------------------- Signed: ----------------------------------------------------------------------- [Note: A Trustee is mandatory, but a Custodian is optional. See Section 10.03 of the Plan.] PLAN NUMBER. The 3-digit plan number the Employer assigns to this Plan for ERISA reporting purposes (Form 5500 Series) is: 002. --- USE OF ADOPTION AGREEMENT. Failure to complete properly the elections in this Adoption Agreement may result in disqualification of the Employer's Plan. The 3-digit number assigned to this Adoption Agreement (see page 1) is solely for the Master Plan Sponsor's recordkeeping purposes and does not necessarily correspond to the plan number the Employer designated in the prior paragraph. MASTER PLAN SPONSOR. The Master Plan Sponsor identified on the first page of the basic plan document will notify all adopting employers of any amendment of this Master Plan or of any abandonment or discontinuance by the Master Plan Sponsor of its maintenance of this Master Plan. For inquiries regarding the adoption of the Master Plan, the Master Plan Sponsor's intended meaning of any plan provisions or the effect of the opinion letter issued to the Master Plan Sponsor, please contact the Master Plan Sponsor at the following address and telephone number: 000 Xxxx Xxxxxxxx, Xxxx Xxxxx, XX 00000 (817) 347-8301. RELIANCE ON OPINION LETTER. The Employer may not rely on the Master Plan Sponsor's opinion letter covering this Adoption Agreement. For reliance on the Plan's qualification, the Employer must obtain a determination letter from the applicable IRS Key District office. PARTICIPATION AGREEMENT FOR PARTICIPATION BY RELATED GROUP MEMBERS (PLAN SECTION 1.30) The undersigned Employer, by executing this Participation Agreement, elects to become a Participating Employer in the Plan identified in Section 1.03 of the accompanying Adoption Agreement, as if the Participating Employer were a signatory to that Agreement. The Participating Employer accepts, and agrees to be bound by, all of the elections granted under the provisions of the Master Plan as made by ______________, 19_____. Name and EIN the Signatory Employer to the Execution Page of Employer: CAPITAL BANK, N.A. 34-1000000 Xxgned: Name(s) of Trustee: THE TRUST COMPANY OF TOLEDO, N.A. Signed: Name of Custodian: Signed:the Adoption Agreement.

Allocation of Earnings. The special allocation provisions elected under Adoption Agreement Section 9.11 are effective for Plan Years beginning after _____________. [ ] (j) (Specify) ___________. [X] (j) (SPECIFY) THE VESTING COMPUTATION PERIOD ELECTED UNDER ADOPTION AGREEMENT SECTION 5.06(a) IS EFFECTIVE FOR PLAN YEARS BEGINNING AFTER DECEMBER 31, 1996. THE SALARY REDUCTION AGREEMENT PROVISIONS ELECTED UNDER ADOPTION AGREEMENT SECTIONS 3.01(k)(2), 3.01(k)(3), AND 3.01(k)(4) ARE EFFECTIVE BEGINNING JULY 1, 1997. THE DISTRIBUTION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 6.01 ARE EFFECTIVE BEGINNING JULY 1, 1997. THE VALUATION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 10.14(b) ARE EFFECTIVE BEGINNING JULY 1, 1997____________________________________________. For Plan Years prior to the special Effective Date, the terms of the Plan prior to its restatement under this Adoption Agreement will control for purposes of the designated provisions. A special Effective Date may not result in the delay of a Plan provision beyond the permissible Effective Date under any applicable law requirements. EXECUTION PAGE The Trustee (and Custodian, if applicable), by executing this Adoption Agreement, accepts its position and agrees to all of the obligations, responsibilities and duties imposed upon the Trustee (or Custodian) under the Prototype Master Plan and Trust. The Employer hereby agrees to the provisions of this Plan and Trust, and in witness of its agreement, the Employer by its duly authorized officers, has executed this Adoption Agreement, and the Trustee (and Custodian, if applicable) signified its acceptance, on this ___________ 31st day ofof December, 96. Name and EIN of Employer: Washington Homes, Inc. 00-0000000 Signed: _______________, 19_____. Name and EIN of Employer: CAPITAL BANK, N.A. 34-1000000 Xxgned: ______________________________ Name(s) of Trustee: THE TRUST COMPANY OF TOLEDO, N.A. First Union National Bank Signed: __________________________________________________ __________________________________________________ Name of Custodian: _______________________________________ Signed:: __________________________________________________ [Note: A Trustee is mandatory, but a Custodian is optional. See Section 10.03 of the Plan.]

Allocation of Earnings. The special allocation provisions elected under Adoption Agreement Section 9.11 are effective for Plan Years beginning after ________________________. [X[ ] (j) (SPECIFYSpecify) THE VESTING COMPUTATION PERIOD ELECTED UNDER ADOPTION AGREEMENT SECTION 5.06(a) IS EFFECTIVE FOR PLAN YEARS BEGINNING AFTER DECEMBER 31, 1996. THE SALARY REDUCTION AGREEMENT PROVISIONS ELECTED UNDER ADOPTION AGREEMENT SECTIONS 3.01(k)(2), 3.01(k)(3), AND 3.01(k)(4) ARE EFFECTIVE BEGINNING JULY 1, 1997. THE DISTRIBUTION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 6.01 ARE EFFECTIVE BEGINNING JULY 1, 1997. THE VALUATION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 10.14(b) ARE EFFECTIVE BEGINNING JULY 1, 1997_. For Plan Years prior to the special Effective Date, the terms of the Plan prior to its restatement under this Adoption Agreement will control for purposes of the designated provisions. A special Effective Date may not result in the delay of a Plan provision beyond the permissible Effective Date under any applicable law requirements. EXECUTION PAGE The Trustee (and Custodian, if applicable), by executing this Adoption Agreement, accepts its position and agrees to all of the obligations, responsibilities and duties imposed upon the Trustee (or Custodian) under the Prototype Plan and Trust. The Employer hereby agrees to the provisions of this Plan and Trust, and in witness of its agreement, the Employer by its duly authorized officers, has executed this Adoption Agreement, and the Trustee (and Custodian, if applicable) signified its acceptance, on this ___________________ _________________day of_________________________________, 19_____________________. Name and EIN of Employer: CAPITAL BANKGlobal Imaging Systems, N.A. 34Inc. 00-1000000 Xxgned0000000 ---------------------------- Signed: /s/ Xxxx Xxxxxxx --------------------------- Name(s) of Trustee: THE TRUST COMPANY OF TOLEDO, N.A. Prudential Bank & Trust Company ------------------------------------------------------------ Signed: /s/ --------------------------- --------------------------- Name of Custodian: ---------------------------------- Signed:: --------------------------------- [Note: A Trustee is mandatory, but a Custodian is optional. See Section 10.03 of the Plan.] PLAN NUMBER. The 3-digit plan number the Employer assigns to this Plan for ERISA reporting purposes (Form 5500 Series) is: . ---------------------------- USE OF ADOPTION AGREEMENT. Failure to complete properly the elections in this Adoption Agreement may result in disqualification of the Employer's Plan. The 3-digit number assigned to this Adoption Agreement (see page 1) is solely for the Regional Prototype Plan Sponsor's recordkeeping purposes and does not necessarily correspond to the plan number the Employer designated in the prior paragraph.

Allocation of Earnings. The special allocation provisions elected under Adoption Agreement Section 9.11 are effective for Plan Years beginning after ________________________. [X[ ] (j) (SPECIFY) THE VESTING COMPUTATION PERIOD ELECTED UNDER ADOPTION AGREEMENT SECTION 5.06(a) IS EFFECTIVE FOR PLAN YEARS BEGINNING AFTER DECEMBER 31, 1996. THE SALARY REDUCTION AGREEMENT PROVISIONS ELECTED UNDER ADOPTION AGREEMENT SECTIONS 3.01(k)(2), 3.01(k)(3), AND 3.01(k)(4) ARE EFFECTIVE BEGINNING JULY 1, 1997. THE DISTRIBUTION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 6.01 ARE EFFECTIVE BEGINNING JULY 1, 1997. THE VALUATION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 10.14(b) ARE EFFECTIVE BEGINNING JULY 1, 1997. For Plan Years prior to the special Effective Date, the terms of the Plan prior to its restatement under this Adoption Agreement will control for purposes of the designated provisions. A special Effective Date may not result in the delay of a Plan provision beyond the permissible Effective Date under any applicable law requirements. EXECUTION PAGE The Trustee (and Custodian, if applicable), by executing this Adoption Agreement, accepts its position and agrees to all of the obligations, responsibilities and duties imposed upon the Trustee (or Custodian) under the Prototype Master Plan and Trust. The Employer hereby agrees to the provisions of this Plan and Trust, and in witness of its agreement, the Employer by its duly authorized officers, has executed this Adoption Agreement, and the Trustee (and Custodian, if applicable) signified its acceptance, on this ___________ 30 day ofof November, 1993. Name and EIN of Employer: Pluma, Inc. 00-0000000 ------------------------ Signed: /s/ signature illegible -------------------------- Name(s) of Trustee: First Union National Bank of North Carolina Signed: /s/ signature illegible --------------------------- Name of Custodian: _______________, 19_____. Name and EIN of Employer: CAPITAL BANK, N.A. 34-1000000 Xxgned: Name(s) of Trustee: THE TRUST COMPANY OF TOLEDO, N.A. __________________ Signed: Name of Custodian------------------------------------------- [NOTE: Signed:A TRUSTEE IS MANDATORY, BUT A CUSTODIAN IS OPTIONAL. SEE SECTION 10.03 OF THE PLAN.] PLAN NUMBER. The 3-digit plan number the Employer assigns to this Plan for ERISA reporting purposes (Form 5500 Series) is: 001.

Allocation of Earnings. The special allocation provisions elected under Adoption Agreement Section 9.11 are effective for Plan Years beginning after ________________________. [X_] (j) (SPECIFY) THE VESTING COMPUTATION PERIOD ELECTED UNDER ADOPTION AGREEMENT SECTION 5.06(a) IS EFFECTIVE FOR PLAN YEARS BEGINNING AFTER DECEMBER 31, 1996. THE SALARY REDUCTION AGREEMENT PROVISIONS ELECTED UNDER ADOPTION AGREEMENT SECTIONS 3.01(k)(2), 3.01(k)(3), AND 3.01(k)(4) ARE EFFECTIVE BEGINNING JULY 1, 1997. THE DISTRIBUTION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 6.01 ARE EFFECTIVE BEGINNING JULY 1, 1997. THE VALUATION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 10.14(b) ARE EFFECTIVE BEGINNING JULY 1, 1997_________________________________________________________. For Plan Years prior to the special Effective Date, the terms of the Plan prior to its restatement under this Adoption Agreement will control for purposes of the designated provisions. A special Effective Date may not result in the delay of a Plan provision beyond the permissible Effective Date under any applicable law requirements. EXECUTION PAGE The Trustee (and Custodian, if applicable), by executing this Adoption Agreement, accepts its position and agrees to all of the obligations, responsibilities and duties imposed upon the Trustee (or Custodian) under the Prototype Master Plan and Trust. The Employer hereby agrees to the provisions of this Plan and Trust, and in witness of its agreement, the Employer by its duly authorized officers, has executed this Adoption Agreement, and the Trustee (and Custodian, if applicable) signified its acceptance, on this ___________ ___________day of_______________, 19_______, 1997. Name and EIN of Employer: CAPITAL BANKBENCHMARK ELECTRONICS, N.A. 34INC. EIN: #74-1000000 Xxgned2211011 Signed: _______________________________________________________________________ Name(s) of Trustee: THE TRUST COMPANY OF TOLEDO, N.A. TEXAS COMMERCE BANK NATIONAL ASSOCIATION Signed: _______________________________________________________________________ _______________________________________________________________________ Name of Custodian:_____________________________________________________________ Signed: Signed:______________________________________________________________________ [NOTE: A TRUSTEE IS MANDATORY, BUT A CUSTODIAN IS OPTIONAL. SEE SECTION 10.03 OF THE PLAN.] PLAN NUMBER. The 3-digit plan number the Employer assigns to this Plan for ERISA reporting purposes (Form 5500 Series) is: 001.

Allocation of Earnings. The special allocation provisions elected under Adoption Agreement Section 9.11 are effective for Plan Years beginning after ________________________. [X[ ] (j) (SPECIFY) THE VESTING COMPUTATION PERIOD ELECTED UNDER ADOPTION AGREEMENT SECTION 5.06(a) IS EFFECTIVE FOR PLAN YEARS BEGINNING AFTER DECEMBER 31, 1996. THE SALARY REDUCTION AGREEMENT PROVISIONS ELECTED UNDER ADOPTION AGREEMENT SECTIONS 3.01(k)(2), 3.01(k)(3), AND 3.01(k)(4) ARE EFFECTIVE BEGINNING JULY 1, 1997. THE DISTRIBUTION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 6.01 ARE EFFECTIVE BEGINNING JULY 1, 1997. THE VALUATION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 10.14(b) ARE EFFECTIVE BEGINNING JULY 1, 1997___________________________________________________________ __________________________________________________________________. For Plan Years prior to the special Effective Date, the terms of the Plan prior to its restatement under this Adoption Agreement will control for purposes of the designated provisions. A special Effective Date may not result in the delay of a Plan provision beyond the permissible Effective Date under any applicable law requirements. EXECUTION PAGE The Trustee (and Custodian, if applicable), by executing this Adoption Agreement, accepts its position and agrees to all of the obligations, responsibilities and duties imposed upon the Trustee (or Custodian) under the Prototype Plan and Trust. The Employer hereby agrees to the provisions of this Plan and Trust, and in witness of its agreement, the Employer by its duly authorized officers, has executed this Adoption Agreement, and the Trustee (and Custodian, if applicable) signified its acceptance, on this __________________________ day ofof ___________________________, 19______. Name and EIN of Employer: CAPITAL BANKINDUSTRIAL DATA SYSTEMS, N.A. 34INC. 76-1000000 Xxgned0157248 Signed: /s/ WILLIXX X. XXXXEY Xxxxxxx X. Xxxxxy Name(s) of TrusteeXxxxxxx: THE TRUST COMPANY OF TOLEDOXXXXX X. COSKEY, N.A. SignedWILLIAM A. CXXXXX Xxxxxx: /s/ XXXXXXX X. XXXXEY Xxxxxxx X. Xxxxxy /s/ XXXXX X. XXXXXX Hxxxx X. Xxxxxx Name of CustodianCustxxxxx: Signed:_____________________________________________________________

Allocation of Earnings. The special allocation provisions elected under Adoption Agreement Section 9.11 are effective for Plan Years beginning after __________. [ ] (j) (Specify) ______________. [X] (j) (SPECIFY) THE VESTING COMPUTATION PERIOD ELECTED UNDER ADOPTION AGREEMENT SECTION 5.06(a) IS EFFECTIVE FOR PLAN YEARS BEGINNING AFTER DECEMBER 31, 1996. THE SALARY REDUCTION AGREEMENT PROVISIONS ELECTED UNDER ADOPTION AGREEMENT SECTIONS 3.01(k)(2), 3.01(k)(3), AND 3.01(k)(4) ARE EFFECTIVE BEGINNING JULY 1, 1997. THE DISTRIBUTION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 6.01 ARE EFFECTIVE BEGINNING JULY 1, 1997. THE VALUATION DATES ELECTED UNDER ADOPTION AGREEMENT SECTION 10.14(b) ARE EFFECTIVE BEGINNING JULY 1, 1997_________________________________. For Plan Years prior to the special Effective Date, the terms of the Plan prior to its restatement under this Adoption Agreement will control for purposes of the designated provisions. A special Effective Date may not result in the delay of a Plan provision beyond the permissible Effective Date under any applicable law requirements. EXECUTION PAGE The Trustee (and Custodian, if applicable), by executing this Adoption Agreement, accepts its position and agrees to all of the obligations, responsibilities and duties imposed upon the Trustee (or Custodian) under the Prototype Plan and Trust. The Employer hereby agrees to the provisions of this Plan and Trust, and in witness of its agreement, the Employer by its duly authorized officers, has executed this Adoption Agreement, and the Trustee (and Custodian, if applicable) signified its acceptance, on this ___________ 14TH day ofof June, 1990. Name and EIN of Employer: HUB CITY NORTH CENTRAL, L.P. 00-0000000 Signed:_______________, 19_____. Name and EIN of Employer: CAPITAL BANK, N.A. 34-1000000 Xxgned: ____________________________ XXXXXX XXXXXXX Name(s) of Trustee: THE TRUST COMPANY OF TOLEDO, N.A. ASSOCIATED COMMERCE BANK Signed: :__________________________________________________ __________________________________________________ Name of Custodian: :____________________________ Signed:_______________________________________ [Note: A Trustee is mandatory, but a Custodian is optional. See Section 10.03 of the Plan.]