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

ASSUMPTION OF CERTAIN DUTIES AND OBLIGATIONS. 17 4.1 Continuation of Banking Business 17 4.2 Agreement with Respect to Credit Card Business 18 4.3 Agreement with Respect to Safe Deposit Business 18 4.4 Agreement with Respect to Safekeeping Business 18 4.5 Agreement with Respect to Trust Business 18 4.6 Agreement with Respect to Bank Premises 19 4.7 Agreement with Respect to Leased Data Processing Equipment 22 4.8 Agreement with Respect to Certain Existing Agreements 23 4.9 Informational Tax Reporting 24 4.10 Insurance 24 4.11 Office Space for Receiver and Corporation 24 4.12 Agreement with Respect to Continuation of Group Health Plan Coverage for Former Employees 25 4.13 Agreement with Respect to Interim Asset Servicing 26 4.14 Reserved 26 4.15 Agreement with Respect to Loss Sharing 26 Module 1 — Whole Bank w/ Loss Share — P&A Version 2.05 April 26, 2010 Bank of Florida — Tampa Bay Tampa, Florida

ASSUMPTION OF CERTAIN DUTIES AND OBLIGATIONS. 17 4.1 Continuation of Banking Business 17 4.2 Agreement with Respect to Credit Card Business 18 4.3 Agreement with Respect to Safe Deposit Business 18 4.4 Agreement with Respect to Safekeeping Business 18 4.5 Agreement with Respect to Trust Business 18 4.6 Agreement with Respect to Bank Premises 19 4.7 Agreement with Respect to Leased Data Processing Equipment 22 4.8 Agreement with Respect to Certain Existing Agreements 23 4.9 Informational Tax Reporting 24 4.10 Insurance 24 4.11 Office Space for Receiver and Corporation 24 4.12 Agreement with Respect to Continuation of Group Health Plan Coverage for Former Employees 25 4.13 Agreement with Respect to Interim Asset Servicing 26 4.14 Reserved 26 4.15 Agreement with Respect to Loss Sharing 26 Module 1 — Whole Bank w/ Loss Share — P&A Version 2.05 April 26, 2010 Bank of Florida — Tampa Bay TampaSoutheast Version 2.05 Fort Lauderdale, FloridaFlorida May 25, 2010

ASSUMPTION OF CERTAIN DUTIES AND OBLIGATIONS. 17 4.1 Continuation of Banking Business 17 4.2 Agreement with Respect to Credit Card Business 18 4.3 Agreement with Respect to Safe Deposit Business 18 4.4 Agreement with Respect to Safekeeping Business 18 4.5 Agreement with Respect to Trust Business 18 4.6 Agreement with Respect to Bank Premises 19 4.7 Agreement with Respect to Leased Data Processing Equipment 22 4.8 Agreement with Respect to Certain Existing Agreements 23 4.9 Informational Tax Reporting 24 4.10 Insurance 24 4.11 Office Space for Receiver and Corporation 24 4.12 Agreement with Respect to Continuation of Group Health Plan Coverage for Former Employees 25 4.13 Agreement with Respect to Interim Asset Servicing 26 4.14 Reserved 26 4.15 Agreement with Respect to Loss Sharing 26 Module 1 — Whole Bank w/ Loss Share — P&A Version 2.05 April 26, 2010 Bank of Florida — Tampa Bay TampaSouthwest Version 2.05 Naples, FloridaFlorida April 26, 2010

ASSUMPTION OF CERTAIN DUTIES AND OBLIGATIONS. 17 4.1 Continuation of Banking Business 17 4.2 Agreement with Respect to Credit Card Business 18 4.3 Agreement with Respect to Safe Deposit Business 18 4.4 Agreement with Respect to Safekeeping Business 18 4.5 Agreement with Respect to Trust Business 18 4.6 Agreement with Respect to Bank Premises 19 4.7 Agreement with Respect to Leased Data Processing Equipment 22 23 4.8 Agreement with Respect to Certain Existing Agreements 23 4.9 Informational Tax Reporting 24 4.10 Insurance 24 4.11 Office Space for Receiver and Corporation 24 4.12 Agreement with Respect to Continuation of Group Health Plan Coverage for Former Employees 25 4.13 Agreement with Respect to Interim Asset Servicing 26 4.14 Reserved 26 4.15 Agreement with Respect to Loss Sharing 26 Module 1 — Whole Bank w/ Loss Share — P&A Bayside Savings Bank Version 2.05 April 262.07 Port Saint Xxx, 2010 Bank of Florida — Tampa Bay TampaJuly 30, Florida2010