Common use of ASSUMPTION OF CERTAIN DUTIES AND OBLIGATIONS Clause in Contracts

ASSUMPTION OF CERTAIN DUTIES AND OBLIGATIONS. 16 Continuation of Banking Business 16 Agreement with Respect to Credit Card Business 16 Agreement with Respect to Safe Deposit Business 16 Agreement with Respect to Safekeeping Business 16 Agreement with Respect to Trust Business 17 Agreement with Respect to Bank Premises 17 Agreement with Respect to Leased Data Processing Equipment 20 Agreement with Respect to Certain Existing Agreements 21 Informational Tax Reporting 21 Insurance 21 Office Space for Receiver and Corporation 22 Agreement with Respect to Continuation of Group Health Plan Coverage for Former Employees 22 Agreement with Respect to Interim Asset Servicing 23 ARTICLE V 5.1 5.2 5.3 ARTICLE VI 6.1 6.2 6.3 6.4

ASSUMPTION OF CERTAIN DUTIES AND OBLIGATIONS. 16 Continuation of Banking Business 16 Agreement with Respect to Credit Card Business 16 Agreement with Respect to Safe Deposit Business 16 17 Agreement with Respect to Safekeeping Business 16 17 Agreement with Respect to Trust Business 17 Agreement with Respect to Bank Premises 17 18 Agreement with Respect to Leased Data Processing Equipment 20 21 Agreement with Respect to Certain Existing Agreements 21 Informational Tax Reporting 21 22 Insurance 21 22 Office Space for Receiver and Corporation 22 Agreement with Respect to Continuation of Group Health Plan Coverage for Former Employees 22 23 Agreement with Respect to Interim Asset Servicing 23 24 ARTICLE V 5.1 5.2 5.3 ARTICLE VI 6.1 6.2 6.3 6.4

ASSUMPTION OF CERTAIN DUTIES AND OBLIGATIONS. 16 Continuation of Banking Business 16 Agreement with Respect to Credit Card Business 16 17 Agreement with Respect to Safe Deposit Business 16 17 Agreement with Respect to Safekeeping Business 16 17 Agreement with Respect to Trust Business 17 Agreement with Respect to Bank Premises 17 18 Agreement with Respect to Leased Data Processing Equipment 20 21 Agreement with Respect to Certain Existing Agreements 21 Informational Tax Reporting 21 22 Insurance 21 22 Office Space for Receiver and Corporation 22 23 Agreement with Respect to Continuation of Group Health Plan Coverage for Former Employees 22 23 Agreement with Respect to Interim Asset Servicing 23 24 Reserved 24 Agreement with Respect to Loss Sharing 24 ARTICLE V 5.1 5.2 5.3 ARTICLE VI 6.1 6.2 6.3 6.4

ASSUMPTION OF CERTAIN DUTIES AND OBLIGATIONS. 16 Continuation of Banking Business 16 Agreement with Respect to Credit Card Business 16 17 Agreement with Respect to Safe Deposit Business 16 17 Agreement with Respect to Safekeeping Business 16 17 Agreement with Respect to Trust Business 17 Agreement with Respect to Bank Premises 17 18 Agreement with Respect to Leased Data Processing Equipment 20 21 Agreement with Respect to Certain Existing Agreements 21 Informational Tax Reporting 21 22 Insurance 21 22 Office Space for Receiver and Corporation 22 Agreement with Respect to Continuation of Group Health Plan Coverage for Former Employees 22 23 Agreement with Respect to Interim Asset Servicing 23 24 Reserved 24 Agreement with Respect to Loss Sharing 24 ARTICLE V 5.1 5.2 5.3 ARTICLE VI 6.1 6.2 6.3 6.4

ASSUMPTION OF CERTAIN DUTIES AND OBLIGATIONS. 16 18 4.1 Continuation of Banking Business 16 18 4.2 Agreement with Respect to Credit Card Business 16 18 4.3 Agreement with Respect to Safe Deposit Business 16 18 4.4 Agreement with Respect to Safekeeping Business 16 18 4.5 Agreement with Respect to Trust Business 17 19 4.6 Agreement with Respect to Bank Premises 17 19 4.7 Agreement with Respect to Leased Data Processing Equipment 20 and Leases 23 4.8 Agreement with Respect to Certain Existing Agreements 21 24 4.9 Informational Tax Reporting 21 25 4.10 Insurance 21 25 4.11 Office Space for Receiver and Corporation 22 25 4.12 Agreement with Respect to Continuation of Group Health Plan Coverage for Former Employees 22 26 4.13 Agreement with Respect to Interim Asset Servicing 23 ARTICLE V 5.1 5.2 5.3 ARTICLE VI 6.1 6.2 6.3 6.427 4.14 Reserved 27

ASSUMPTION OF CERTAIN DUTIES AND OBLIGATIONS. 16 Continuation of Banking Business 16 Agreement with Respect to Credit Card Business 16 Agreement with Respect to Safe Deposit Business 16 17 Agreement with Respect to Safekeeping Business 16 17 Agreement with Respect to Trust Business 17 Agreement with Respect to Bank Premises 17 18 Agreement with Respect to Leased Data Processing Equipment 20 21 Agreement with Respect to Certain Existing Agreements 21 Informational Tax Reporting 21 22 Insurance 21 22 Office Space for Receiver and Corporation 22 Agreement with Respect to Continuation of Group Health Plan Coverage for Former Employees 22 23 Agreement with Respect to Interim Asset Servicing 23 24 Reserved 24 Agreement with Respect to Loss Sharing 24 ARTICLE V 5.1 5.2 5.3 ARTICLE VI 6.1 6.2 6.3 6.4

ASSUMPTION OF CERTAIN DUTIES AND OBLIGATIONS. 16 Continuation of Banking Business 16 Agreement with Respect to Credit Card Business Omitted 16 Agreement with Respect to Safe Deposit Business 16 Agreement with Respect to Safekeeping Business 16 Agreement with Respect to Trust Business 17 Omitted 17 Agreement with Respect to Bank Premises 17 Agreement with Respect to Leased Data Processing Equipment 20 Agreement with Respect to Certain Existing Agreements 21 20 Informational Tax Reporting 21 Insurance 21 Office Space Services for Receiver and Corporation 21 Omitted 22 Omitted 22 Agreement with Respect to Continuation of Group Health Plan Coverage for Former Employees Option to Purchase Loan Pools 22 Agreement with Respect to Interim Asset Servicing 23 Expenses 22 Agreement with Respect to Accounting and Data Processing Services 22 ARTICLE V 5.1 5.2 5.3 ARTICLE VI 6.1 6.2 6.3 6.4

ASSUMPTION OF CERTAIN DUTIES AND OBLIGATIONS. 16 18 4.1 Continuation of Banking Business 16 18 4.2 Agreement with Respect to Credit Card Business 16 18 4.3 Agreement with Respect to Safe Deposit Business 16 18 4.4 Agreement with Respect to Safekeeping Business 16 19 4.5 Agreement with Respect to Trust Business 17 19 4.6 Agreement with Respect to Bank Premises 17 20 4.7 Agreement with Respect to Leased Data Processing Equipment 20 and Leases 23 4.8 Agreement with Respect to Certain Existing Agreements 21 24 4.9 Informational Tax Reporting 21 25 4.10 Insurance 21 25 4.11 Office Space for Receiver and Corporation 22 25 4.12 Agreement with Respect to Continuation of Group Health Plan Coverage for Former Employees 22 26 4.13 Agreement with Respect to Interim Asset Servicing 23 ARTICLE V 5.1 5.2 5.3 ARTICLE VI 6.1 6.2 6.3 6.427 4.14 Reserved 27

ASSUMPTION OF CERTAIN DUTIES AND OBLIGATIONS. 16 Continuation of Banking Business 16 Agreement with Respect to Credit Card Business 16 Agreement with Respect to Safe Deposit Business 16 Agreement with Respect to Safekeeping Business 16 Agreement with Respect to Trust Business 17 Agreement with Respect to Bank Premises 17 Agreement with Respect to Leased Data Processing Equipment 20 Agreement with Respect to Certain Existing Agreements 21 Informational Tax Reporting 21 Insurance 21 Office Space for Receiver and Corporation 22 Agreement with Respect to Continuation of Group Health Plan Coverage for Former Employees 22 Agreement with Respect to Interim Asset Servicing 23 Reserved… 23 Agreement with Respect to Loss Sharing… 23 ARTICLE V 5.1 5.2 5.3 ARTICLE VI 6.1 6.2 6.3 6.4

ASSUMPTION OF CERTAIN DUTIES AND OBLIGATIONS. 16 Continuation of Banking Business 16 17 Agreement with Respect to Credit Card Business 16 17 Agreement with Respect to Safe Deposit Business 16 17 Agreement with Respect to Safekeeping Business 16 17 Agreement with Respect to Trust Business 17 18 Agreement with Respect to Bank Premises 17 18 Agreement with Respect to Leased Data Processing Equipment 20 22 Agreement with Respect to Certain Existing Agreements 21 22 Informational Tax Reporting 21 23 Insurance 21 23 Office Space for Receiver and Corporation 22 24 Agreement with Respect to Continuation of Group Health Plan Coverage for Former Employees 22 24 Agreement with Respect to Interim Asset Servicing 23 25 Reserved 25 Agreement with Respect to Loss Sharing 25 ARTICLE V 5.1 5.2 5.3 ARTICLE VI 6.1 6.2 6.3 6.4

ASSUMPTION OF CERTAIN DUTIES AND OBLIGATIONS. 16 Continuation of Banking Business 16 Agreement with Respect to Credit Card Business 16 Agreement with Respect to Safe Deposit Business 16 Agreement with Respect to Safekeeping Business 16 17 Agreement with Respect to Trust Business 17 Agreement with Respect to Bank Premises 17 18 Agreement with Respect to Leased Data Processing Equipment 20 Agreement with Respect to Certain Existing Agreements 21 Informational Tax Reporting 21 22 Insurance 21 22 Office Space for Receiver and Corporation 22 Agreement with Respect to Continuation of Group Health Plan Coverage for Former Employees 22 Agreement with Respect to Interim Asset Servicing 23 ARTICLE V 5.1 5.2 5.3 ARTICLE VI 6.1 6.2 6.3 6.4

ASSUMPTION OF CERTAIN DUTIES AND OBLIGATIONS. 16 Continuation of Banking Business 16 Agreement with Respect to Credit Card Business 16 Agreement with Respect to Safe Deposit Business 16 Agreement with Respect to Safekeeping Business 16 Agreement with Respect to Trust Business 17 Agreement with Respect to Bank Premises 17 Agreement with Respect to Leased Data Processing Equipment 20 Agreement with Respect to Certain Existing Agreements 21 Informational Tax Reporting 21 Insurance 21 Office Space for Receiver and Corporation 22 Agreement with Respect to Continuation of Group Health Plan Coverage for Former Employees 22 Agreement with Respect to Interim Asset Servicing 23 Reserved 23 Agreement with Respect to Loss Sharing 23 ARTICLE V 5.1 5.2 5.3 ARTICLE VI 6.1 6.2 6.3 6.4

ASSUMPTION OF CERTAIN DUTIES AND OBLIGATIONS. 16 Continuation of Banking Business 16 Agreement with Respect to Credit Card Business 16 Agreement with Respect to Safe Deposit Business 16 Agreement with Respect to Safekeeping Business 16 Agreement with Respect to Trust Business 17 Agreement with Respect to Bank Premises 17 Agreement with Respect to Leased Data Processing Equipment 20 Agreement with Respect to Certain Existing Agreements 21 20 Informational Tax Reporting 21 22 Insurance 21 22 Office Space for Receiver and Corporation 22 Agreement with Respect to Continuation of Group Health Plan Coverage for Former Employees 22 23 Agreement with Respect to Interim Asset Servicing 23 Reserved 23 Agreement with Respect to Loss-Sharing 23 Agreement with Respect to Related Institutions 24 ARTICLE V 5.1 5.2 5.3 ARTICLE VI 6.1 6.2 6.3 6.4

ASSUMPTION OF CERTAIN DUTIES AND OBLIGATIONS. 16 18 Continuation of Banking Business 16 18 Agreement with Respect to Credit Card Business 16 18 Agreement with Respect to Safe Deposit Business 16 18 Agreement with Respect to Safekeeping Business 16 18 Agreement with Respect to Trust Business 17 19 Agreement with Respect to Bank Premises 17 19 Agreement with Respect to Leased Data Processing Equipment 20 22 Agreement with Respect to Certain Existing Agreements 21 23 Informational Tax Reporting 21 23 Insurance 21 Office Space 23 Services for Receiver and Corporation 22 24 Agreement with Respect to Continuation of Group Health Plan Coverage for Former Employees 22 of the Failed Bank 24 Agreement with Respect to Interim Asset Servicing 23 25 Agreement with Respect to Option to Purchase Loan Pools 25 ARTICLE V 5.1 5.2 5.3 ARTICLE VI 6.1 6.2 6.3 6.4

ASSUMPTION OF CERTAIN DUTIES AND OBLIGATIONS. 16 Continuation of Banking Business 16 Agreement with Respect to Credit Card Business 16 Agreement with Respect to Safe Deposit Business 16 Agreement with Respect to Safekeeping Business 16 Agreement with Respect to Trust Business 17 Agreement with Respect to Bank Premises 17 Agreement with Respect to Leased Data Processing Equipment 20 Agreement with Respect to Certain Existing Agreements 21 Informational Tax Reporting 21 22 Insurance 21 22 Office Space for Receiver and Corporation 22 Agreement with Respect to Continuation of Group Health Plan Coverage for Former Employees 22 Agreement with Respect to Interim Asset Servicing 23 ARTICLE V 5.1 5.2 5.3 ARTICLE VI 6.1 6.2 6.3 6.4

ASSUMPTION OF CERTAIN DUTIES AND OBLIGATIONS. 16 Continuation of Banking Business 16 Agreement with Respect to Credit Card Business 16 Agreement with Respect to Safe Deposit Business 16 Agreement with Respect to Safekeeping Business 16 Agreement with Respect to Trust Business 17 Agreement with Respect to Bank Premises 17 Agreement with Respect to Leased Data Processing Equipment 20 Agreement with Respect to Certain Existing Agreements 21 Informational Tax Reporting 21 Insurance 21 22 Office Space for Receiver and Corporation 22 Agreement with Respect to Continuation of Group Health Plan Coverage for Former Employees 22 Agreement with Respect to Interim Asset Servicing 23 ARTICLE V 5.1 5.2 5.3 ARTICLE VI 6.1 6.2 6.3 6.4

ASSUMPTION OF CERTAIN DUTIES AND OBLIGATIONS. 16 Continuation of Banking Business 16 Agreement with Respect to Credit Card Business 16 17 Agreement with Respect to Safe Deposit Business 16 17 Agreement with Respect to Safekeeping Business 16 17 Agreement with Respect to Trust Business 17 Agreement with Respect to Bank Premises 17 18 Agreement with Respect to Leased Data Processing Equipment 20 21 Agreement with Respect to Certain Existing Agreements 21 Informational Tax Reporting 21 22 Insurance 21 22 Office Space for Receiver and Corporation 22 Agreement with Respect to Continuation of Group Health Plan Coverage for Former Employees 22 23 Agreement with Respect to Interim Asset Servicing 23 24 ARTICLE V 5.1 5.2 5.3 ARTICLE VI 6.1 6.2 6.3 6.4

ASSUMPTION OF CERTAIN DUTIES AND OBLIGATIONS. 16 15 4.1 Continuation of Banking Business 16 15 4.2 Agreement with Respect to Credit Card Business 16 4.3 Agreement with Respect to Safe Deposit Business 16 4.4 Agreement with Respect to Safekeeping Business 16 4.5 Agreement with Respect to Trust Business 17 16 4.6 Agreement with Respect to Bank Premises 17 4.7 Agreement with Respect to Leased Data Processing Equipment 20 19 4.8 Agreement with Respect to Certain Existing Agreements 21 20 4.9 Informational Tax Reporting 21 4.10 Insurance 21 4.11 Office Space for Receiver and Corporation 22 21 4.12 Agreement with Respect to Continuation of Group Health Plan Coverage for Former Employees 22 4.13 Agreement with Respect to Interim Asset Servicing 23 ARTICLE V 5.1 5.2 5.3 ARTICLE VI 6.1 6.2 6.3 6.422

ASSUMPTION OF CERTAIN DUTIES AND OBLIGATIONS. 16 17 4.1 Continuation of Banking Business 16 17 4.2 Agreement with Respect to Credit Card Business 16 17 4.3 Agreement with Respect to Safe Deposit Business 16 18 4.4 Agreement with Respect to Safekeeping Business 16 18 4.5 Agreement with Respect to Trust Business 17 18 4.6 Agreement with Respect to Bank Premises 17 19 4.7 Agreement with Respect to Leased Data Processing Equipment 20 22 4.8 Agreement with Respect to Certain Existing Agreements 21 23 4.9 Informational Tax Reporting 21 24 4.10 Insurance 21 24 4.11 Office Space for Receiver and Corporation 22 24 4.12 Agreement with Respect to Continuation of Group Health Plan Coverage for Former Employees 22 25 4.13 Agreement with Respect to Interim Asset Servicing 23 ARTICLE V 5.1 5.2 5.3 ARTICLE VI 6.1 6.2 6.3 6.426 4.14 Reserved 26 4.15 Agreement with Respect to Loss Sharing 26

ASSUMPTION OF CERTAIN DUTIES AND OBLIGATIONS. 16 Continuation of Banking Business 16 Agreement with Respect to Credit Card Business 16 Agreement with Respect to Safe Deposit Business 16 Agreement with Respect to Safekeeping Business 16 Agreement with Respect to Trust Business 17 16 Agreement with Respect to Bank Premises 17 Agreement with Respect to Leased Data Processing Equipment 20 Agreement with Respect to Certain Existing Agreements 21 20 Informational Tax Reporting 21 Insurance 21 Office Space for Receiver and Corporation 22 Agreement with Respect to Continuation of Group Health Plan Coverage for Former Employees 22 Agreement with Respect to Interim Asset Servicing 23 ARTICLE V 5.1 5.2 5.3 ARTICLE VI 6.1 6.2 6.3 6.4

ASSUMPTION OF CERTAIN DUTIES AND OBLIGATIONS. 16 15 Continuation of Banking Business 16 Agreement with Respect to Credit Card Business 16 Agreement with Respect to Safe Deposit Business 16 Agreement with Respect to Safekeeping Business 16 Agreement with Respect to Trust Business 17 Agreement with Respect to Bank Premises 17 Agreement with Respect to Leased Data Processing Equipment 20 Agreement with Respect to Certain Existing Agreements 21 Informational Tax Reporting 21 22 Insurance 21 22 Office Space for Receiver and Corporation 22 Agreement with Respect to Continuation of Group Health Plan Coverage for Former Employees 22 Agreement with Respect to Interim Asset Servicing 23 Reserved 24 Agreement with Respect to Loss Sharing 24 ARTICLE V 5.1 5.2 5.3 ARTICLE VI 6.1 6.2 6.3 6.4

ASSUMPTION OF CERTAIN DUTIES AND OBLIGATIONS. 16 18 4.1 Continuation of Banking Business 16 18 4.2 Agreement with Respect to Credit Card Business 16 18 4.3 Agreement with Respect to Safe Deposit Business 16 18 4.4 Agreement with Respect to Safekeeping Business 16 18 4.5 Agreement with Respect to Trust Business 17 19 4.6 Agreement with Respect to Bank Premises 17 20 4.7 Agreement with Respect to Leased Data Processing Equipment 20 and Leases 23 4.8 Agreement with Respect to Certain Existing Agreements 21 24 4.9 Informational Tax Reporting 21 25 4.10 Insurance 21 25 4.11 Office Space for Receiver and Corporation 22 25 4.12 Agreement with Respect to Continuation of Group Health Plan Coverage for Former Employees 22 26 4.13 Agreement with Respect to Interim Asset Servicing 23 ARTICLE V 5.1 5.2 5.3 ARTICLE VI 6.1 6.2 6.3 6.427 4.14 Reserved 27