Common use of Database Ownership Clause in Contracts

Database Ownership. Bankmark will develop and manage the database with text files in Microsoft Access 2000. Upon completion of the capitalization project, the Bank may purchase MS Access (from any supplier) and Bankmark will transfer the data files to the Bank's computer upon final receipt of all monies owed on the contract, addendum, or extensions. If Bankmark changes the database applications software during the capital campaign, the Bank may be required to buy, from a computer supplier of their choice, a single-user version of the new software. Upon receipt of final payment for the contract, Bankmark will install its customized applications on the Bank's system only in the event that the Bank has provided the required software to complete the conversion. During the duration of the project, Bankmark will instruct one individual from the Bank on how to access and retrieve data from the Bank's files. This individual will be provided the security access code for the Bank's files. No other Bank individual will have direct access to the files during the stock sale campaign in order to insure that there will be little chance of contaminating or damaging the files. The Bank will be provided a "How-To Guide" in the capabilities of their new database at the end of the project. The parties have executed this Addendum to be effective as of , 2003 (the "Start Date Financial Marketing Services/Bankmark Treaty Oak Holdings, Inc Xxx Xxxxxx, President & CEO Xxxxx X. Xxxxxx, President & CEO Bankmark is committed to preparing its Banks to best formulate and implement the strategies and actions, which will ensure that the resources of the organizers of de novo banks are expended in the most efficient and cost effective fashion. To that end, as part of Bankmark's Capital Acquisition Program, we have developed a series of workshops which prepares the proposed Organizer/Director/Management to deal effectively with not only the placement of stock but the critical issues and skills required to carry out their duties and responsibilities as representatives of their shareholders and depositors. The series is designed to raise the participant's awareness, and to guide, educate, and expose them to the critical skills and competencies necessary to not only successfully place the stock but to make sound decisions and lead the bank to profitability after it opens. Below is a brief description of each workshop. Director Orientation: (Workshop #267-DO) This series of five workshops is designed to prepare the Organizers and officers on how to most effectively participate in the Capital Acquisition campaign. During these sessions, we set the tone of the campaign and define the stock placement methodology. The program is designed to enable the participant to become comfortable with the tools available to them and to anticipate the prospective shareholders questions and move comfortably to close the sale. The content is designed so that the "non-salesperson" will quickly reach a level of comfort when discussing the bank's investment opportunity. The length of each session is approximately 4-6 hours and scheduled at the convenience of the Bank. Session #1-The Basics • Sponsors, criteria, profile and locations for an investment meeting • The anatomy of a typical investment meeting • An overview of the banking industry in the State • Current trends in community banking • Selected operating data of solid performing community banks Session #2-The Nitty-Gritty • Developing a common language • Reaching consensus on the approach to industry and local issues • Commonly asked questions (and the effective responses) • Overcoming objections to the sale

Database Ownership. Bankmark will develop develops and manage manages the database with text files in Microsoft Access 2000. Upon completion of the capitalization project, the Bank may purchase MS Access (from any supplier) and Bankmark will transfer the data files to the Bank's ’s computer upon final receipt of all monies owed on the contract, addendum, or extensions. If Bankmark changes the database applications software during the capital campaign, the Bank may be required to buy, from a computer supplier of their choice, a single-user version of the new software. Upon receipt of final payment for the contract, Bankmark will install its customized applications on the Bank's ’s system only in the event that the Bank has provided the required software to complete the conversion. During the duration of the project, Bankmark will instruct one individual from the Bank Bank. on how to access and retrieve data from the Bank's ’s files. This individual will be provided the security access code for the Bank's ’s files. No other Bank individual will have direct access to the files during the stock sale campaign in order to campaign. This will insure that there will be little chance of contaminating or damaging . the files. The Bank will be provided a "“How-To Guide" ” in the capabilities of their new database at the end of the project. The parties have executed this Addendum to be effective as of August 8, 2003 2007 (the "“Start Date Financial Marketing Services/Date”). Bankmark Treaty Oak Holdingsde novo Bank Project (Phoenix- Scottsdale, Inc Arizona) Xxx Xxxxxx, President & CEO Xxxxx X. Owner Xxx Xxxxxx, President & CEO Representing the Organizing Group (This space intentionally left blank.) Exhibit #1 The Director’s Pack A series of interactive workshops Facilitated by Bankmark Bankmark is committed to preparing its Banks clients to best formulate and implement the strategies and actions, which will ensure that the resources of the organizers of de novo banks are expended in the most efficient and cost effective fashion. To that end, as part of Bankmark's ’s Capital Acquisition Program, we have developed a series of workshops which prepares prepare the proposed Organizer/Director/Management to deal effectively with not only the placement of stock stock, but the critical issues and skills required to carry Catty out their duties and responsibilities as representatives of their shareholders and depositors. The series is designed to raise the participant's awareness, ’s awareness and to guide, educate, educate and expose them to the critical skills and competencies necessary to not only successfully place the stock stock, but to make sound decisions and lead the bank Bank to profitability after it opens. Below is a brief description of each workshop. : ¨ Director Orientation: (Workshop #267-DO) This series of five workshops is designed to prepare the Organizers and officers on how to most effectively participate in the Capital Acquisition campaign. During these sessions, we set the tone of the campaign and define the stock placement methodology. The program is designed to enable the participant to become comfortable with the tools available to them and them, to anticipate the prospective shareholders questions questions, and move comfortably to close the sale. The content is designed so that the "“non-salesperson" ” will quickly reach a level of comfort when discussing the bank's Bank’s investment opportunity. The length of each session is approximately 4-6 hours and scheduled at the convenience of the Bankclient. Session #1-1 — The Basics • Sponsors, criteria, profile and locations for an investment meeting • The anatomy of a typical investment meeting • An overview of the banking industry in the State • Current trends in community banking • Selected operating data of solid performing community banks Session #2-2 — The Nitty-Gritty • Developing a common language • Reaching consensus on the approach to industry and local issues • Commonly asked questions (and the effective responses) • Overcoming objections to the sale

Database Ownership. Bankmark will develop develops and manage manages the database with text files in Microsoft Access 2000. Upon completion of the capitalization project, the Bank may purchase MS Access (from any supplier) and Bankmark will transfer the data files to the Bank's computer upon final receipt of all monies owed on the contract, addendum, or extensions. If Bankmark changes the database applications software during the capital campaign, the Bank may be required to buy, from a computer supplier of their choice, a single-user version of the new software. Upon receipt of final payment for the contract, Bankmark will install its customized applications on the Bank's system only in the event that the Bank has provided the required software to complete the conversion. During the duration of the project, Bankmark will instruct one individual from the Bank on how to access and retrieve data from the Bank's files. This individual will be provided the security access code for the Bank's files. No other Bank individual will have direct access to the files during the stock sale campaign in order to campaign. This will insure that there will be little chance of contaminating or damaging the files. The Bank will be provided a "How-To Guide" in the capabilities of their new database at the end of the project. The parties have executed this Addendum to be effective as of , 2003 (the "Start Date Date"). Financial Marketing Services/Bankmark Treaty Oak HoldingsFirst Metroplex Capital, Inc Inc. Xxx Xxxxxx, President & CEO Xxxxxxx Xxxxx X. Xxxxxx, President & CEO Bankmark is committed to preparing its Banks clients to best formulate and implement the strategies and actions, actions which will ensure that the resources of the organizers of de novo banks are expended in the most efficient and cost effective fashion. To that end, as part of Bankmark's Capital Acquisition Program, we have developed a series of workshops which prepares the proposed Organizer/Director/Management to deal effectively with not only the placement of stock but the critical issues and skills required to carry out their duties and responsibilities as representatives of their shareholders and depositors. The series is designed to to, raise the participant's awareness, awareness and to guide, educate, educate and expose them to the critical skills and competencies necessary to not only successfully place the stock but to make sound decisions and lead the bank to profitability after it opens. Below is a brief description of each workshop. • Director Orientation: (Workshop #267-DO) This this series of five workshops is are designed to prepare the Organizers and officers on how to most effectively participate in the Capital Acquisition campaign. During these sessions, we set the tone of the campaign and define the stock placement methodology. The program is designed to enable the participant to become comfortable with the tools available to them and to anticipate the prospective shareholders questions and move comfortably to close the sale. The content is designed so that the "non-salesperson" will quickly reach a level of comfort when discussing the bank's investment opportunity. The length of each session is approximately 4-6 hours and scheduled at the convenience of the Bank. Session #1-The Basics • Sponsors, criteria, profile and locations for an investment meeting • The anatomy of a typical investment meeting • An overview of the banking industry in the State • Current trends in community banking • Selected operating data of solid performing community banks Session #2-The Nitty-Gritty • Developing a common language • Reaching consensus on the approach to industry and local issues • Commonly asked questions (and the effective responses) • Overcoming objections to the saleclient.

Database Ownership. Bankmark will develop develops and manage manages the database with text files in Microsoft Access 2000. Upon completion of the capitalization project, the Bank Bank- may purchase MS Access (from any supplier) and Bankmark will transfer the data files to the Bank's computer upon final receipt of all monies owed on the contract, ; addendum, or extensions. If Bankmark changes the database applications software during the capital campaign, the Bank may be required to buy, from a computer supplier of their choice, a single-user version of the new software. Upon receipt of final payment for the contract, Bankmark will install its customized applications on the Bank's system only in the event that the Bank has provided the required software to complete the conversion. During the duration of the project, Bankmark will instruct one individual from the Bank Bank; on how to access and retrieve data from the Bank's files. This individual will be provided the security access code for the Bank's files. No other Bank individual will have direct access to the tits: files during the stock sale campaign in order to campaign. This will insure that there will be little chance of contaminating or damaging dancing the files. The Bank will be provided a "How-To Guide" in the capabilities of their new database at the end of the project. The parties have executed this Addendum to be effective as of August 20th, 2003 (the "Start Date Date"). Financial Marketing Services/Services Bankmark Treaty Oak Holdings, Inc de novo Bank (Western Pacific Bancorp) /s/ XXX XXXXXX /s/ XXXXXXX X. XXXX Xxx Xxxxxx, President & CEO Xxxxx Xxxxxxx X. XxxxxxXxxx, President & CEO Bank Representative 16 Exhibit #1 The Director's Pack A Series of interactive workshops Facilitated by Bankmark Bankmark is committed to preparing its Banks clients to best formulate and implement the strategies and actions, actions which will ensure that the resources of the organizers of de novo banks are expended in the most efficient effiecient and cost effective fashion. To that end, as part of Bankmark's Capital Acquisition Program, we have developed a series of workshops which prepares the proposed Organizer/Director/Management to deal effectively with not only the placement of stock but the critical issues and skills required to carry out their duties and responsibilities as representatives are presentatives of their shareholders and depositorsdepositiors. The series is designed to to, raise the participant's awareness, awareness and to guide, educate, educate and expose them to the critical citical skills and competencies necessary to not only successfully place the stock but to make sound decisions and lead the bank to profitability after it opens. Below is a brief description of each workshop. Director Orientation: (Workshop #267-DO) This this series of five workshops is are designed to prepare the Organizers and officers on how to most effectively participate in the Capital Acquisition campaignAcquision campaingn. During these sessions, we set the tone of the campaign comapign and define the stock placement methodology. The program is designed to enable the participant to become comfortable with the tools available to them and to anticipate the prospective prosepective shareholders questions and move comfortably to close the sale. The content is designed so that the "non-salesperson" will quickly reach a level of comfort when discussing the bank's investment opportunity. The length of each session is approximately 4-6 hours and scheduled at the convenience of the Bankclient. Session #1-—The Basics • Sponsors, criteria, profile and locations for an investment meeting • The anatomy of a typical investment meeting • An overview of the banking industry in the State • Current trends in community banking • Selected operating data of solid performing community banks Session #2-—The Nitty-Gritty • Developing a common language • Reaching consensus on the approach to industry and local issues • Commonly asked questions (and the effective responses) • Overcoming objections to the sale Session #3—Closing Techniques (2-3 weeks into the campaign) • Progress review and table exercises designed to share experiences and help each organizer to better present and interact with prospective shareholders and close the sale

Database Ownership. Bankmark will develop develops and manage manages the database with text files in Microsoft Access 2000. Upon completion of the capitalization project, the Bank may purchase MS Access (from any supplier) and Bankmark will transfer the data files to the Bank's computer upon final receipt of all monies owed on the contract, addendum, or extensions. If Bankmark changes the database applications software during the capital campaign, the Bank may be required to buy, from a computer supplier of their choice, a single-user version of the new software. Upon receipt of final payment for the contract, Bankmark will install its customized applications on the Bank's system only in the event that the Bank has provided the required software to complete the conversion. During the duration of the project, Bankmark will instruct one individual from the Bank on how to access and retrieve data from the Bank's files. This individual will be provided the security access code for the Bank's files. No other Bank individual will have direct access to the files during the stock sale campaign in order to campaign. This will insure that there will be little chance of contaminating or damaging the files. The Bank will be provided a "How-To Guide" in the capabilities of their new database at the end of the project. The parties have executed this Addendum to be effective as of February 13, 2003 (the "Start Date Date"). Financial Marketing Services/Bankmark Treaty Oak HoldingsFirst Cornerstone Capital, Inc Inc. /s/ XXX XXXXXX Xxx Xxxxxx, President & CEO Xxxxx X. Xxxxxx, President & CEO /s/ XXXXXXX XXXXXX Xxxxxxx Xxxxxx Bankmark is committed to preparing its Banks clients to best formulate and implement the strategies and actions, actions which will ensure that the resources of the organizers of de novo banks are expended in the most efficient and cost effective fashion. To that end, as part of Bankmark's Capital Acquisition Program, we have developed a series of workshops which prepares the proposed Organizer/Director/Management to deal effectively with not only the placement of stock but the critical issues and skills required to carry out their duties and responsibilities as representatives of their shareholders and depositors. The series is designed to to, raise the participant's awareness, awareness and to guide, educate, educate and expose them to the critical skills and competencies necessary to not only successfully place the stock but to make sound decisions and lead the bank to profitability after it opens. Below is a brief description of each workshop. • Director Orientation: (Workshop #267-DO) This this series of five workshops is are designed to prepare the Organizers and officers on how to most effectively participate in the Capital Acquisition campaign. During these sessions, we set the tone of the campaign and define the stock placement methodology. The program is designed to enable the participant to become comfortable with the tools available to them and to anticipate the prospective shareholders questions and move comfortably to close the sale. The content is designed so that the "non-salesperson" will quickly reach a level of comfort when discussing the bank's investment opportunity. The length of each session is approximately 4-6 hours and scheduled at the convenience of the Bank. Session #1-The Basics • Sponsors, criteria, profile and locations for an investment meeting • The anatomy of a typical investment meeting • An overview of the banking industry in the State • Current trends in community banking • Selected operating data of solid performing community banks Session #2-The Nitty-Gritty • Developing a common language • Reaching consensus on the approach to industry and local issues • Commonly asked questions (and the effective responses) • Overcoming objections to the saleclient.

Database Ownership. Bankmark will develop develops and manage manages the database with text files in Microsoft Access 2000. Upon completion of the capitalization project, the Bank may purchase MS Access (from any supplier) and Bankmark will transfer the data files to the Bank's ’s computer upon final receipt of all monies owed on the contract, addendum, or extensions. If Bankmark changes the database applications software during the capital campaign, the Bank may be required to buy, from a computer supplier of their choice, a single-user version of the new software. Upon receipt of final payment for the contract, Bankmark will install its customized applications on the Bank's ’s system only in the event that the Bank has provided the required software to complete the conversion. During the duration of the project, Bankmark will instruct one individual from the Bank Bank. on how to access and retrieve data from the Bank's ’s files. This individual will be provided the security access code for the Bank's ’s files. No other Bank individual will have direct access to the files during the stock sale campaign in order to campaign. This will insure that there will be little chance of contaminating or damaging . the files. The Bank will be provided a "“How-To Guide" ” in the capabilities of their new database at the end of the project. The parties have executed this Addendum to be effective as of August 8, 2003 2007 (the "“Start Date Financial Marketing Services/Date”). Bankmark Treaty Oak Holdingsde novo Bank Project (Phoenix- Scottsdale, Inc Arizona) /s/ Xxx Xxxxxx /s/ Xxx Xxxxxx Xxx Xxxxxx, President & CEO Xxxxx X. Owner Xxx Xxxxxx, President & CEO Representing the Organizing Group (This space intentionally left blank.) Exhibit #1 The Director’s Pack A series of interactive workshops Facilitated by Bankmark Bankmark is committed to preparing its Banks clients to best formulate and implement the strategies and actions, which will ensure that the resources of the organizers of de novo banks are expended in the most efficient and cost effective fashion. To that end, as part of Bankmark's ’s Capital Acquisition Program, we have developed a series of workshops which prepares prepare the proposed Organizer/Director/Management to deal effectively with not only the placement of stock stock, but the critical issues and skills required to carry Catty out their duties and responsibilities as representatives of their shareholders and depositors. The series is designed to raise the participant's awareness, ’s awareness and to guide, educate, educate and expose them to the critical skills and competencies necessary to not only successfully place the stock stock, but to make sound decisions and lead the bank Bank to profitability after it opens. Below is a brief description of each workshop. : ¨ Director Orientation: (Workshop #267-DO) This series of five workshops is designed to prepare the Organizers and officers on how to most effectively participate in the Capital Acquisition campaign. During these sessions, we set the tone of the campaign and define the stock placement methodology. The program is designed to enable the participant to become comfortable with the tools available to them and them, to anticipate the prospective shareholders questions questions, and move comfortably to close the sale. The content is designed so that the "“non-salesperson" ” will quickly reach a level of comfort when discussing the bank's Bank’s investment opportunity. The length of each session is approximately 4-6 hours and scheduled at the convenience of the Bankclient. Session #1-1 — The Basics • Sponsors, criteria, profile and locations for an investment meeting • The anatomy of a typical investment meeting • An overview of the banking industry in the State • Current trends in community banking • Selected operating data of solid performing community banks Session #2-2 — The Nitty-Gritty • Developing a common language • Reaching consensus on the approach to industry and local issues • Commonly asked questions (and the effective responses) • Overcoming objections to the sale

Database Ownership. Bankmark will develop develops and manage manages the database with text files in Microsoft Access 2000. Upon completion of the capitalization project, the Bank may purchase MS Access (from any supplier) and Bankmark will transfer the data files to the Bank's computer upon final receipt of all monies owed on the contract, addendum, or extensions. If Bankmark changes the database applications software during the capital campaign, the Bank may be required to buy, from a computer supplier of their choice, a single-user version of the new software. Upon receipt of final payment for the contract, Bankmark will install its customized applications on the Bank's system only in the event that the Bank has provided the required software to complete the conversion. During the duration of the project, Bankmark will instruct one individual from the Bank on how to access and retrieve data from the Bank's files. This individual will be provided the security access code for the Bank's files. No other Bank individual will have direct access to the files during the stock sale campaign in order to campaign. This will insure that there will be little chance of contaminating or damaging the files. The Bank will be provided a "How-To Guide" in the capabilities of their new database at the end of the project. The parties have executed this Addendum to be effective as of February 27, 2003 (the "Start Date Date"). Financial Marketing Services/Bankmark Treaty Oak HoldingsFirst Metroplex Capital, Inc Inc. /s/ XXX XXXXXX Xxx Xxxxxx, President & CEO /s/ XXXXXXX XXXXX Xxxxxxx Xxxxx X. Xxxxxx, President & CEO Bankmark is committed to preparing its Banks clients to best formulate and implement the strategies and actions, actions which will ensure that the resources of the organizers of de novo banks are expended in the most efficient and cost effective fashion. To that end, as part of Bankmark's Capital Acquisition Program, we have developed a series of workshops which prepares the proposed Organizer/Director/Management to deal effectively with not only the placement of stock but the critical issues and skills required to carry out their duties and responsibilities as representatives of their shareholders and depositors. The series is designed to to, raise the participant's awareness, awareness and to guide, educate, educate and expose them to the critical skills and competencies necessary to not only successfully place the stock but to make sound decisions and lead the bank to profitability after it opens. Below is a brief description of each workshop. • Director Orientation: (Workshop #267-DO) This this series of five workshops is are designed to prepare the Organizers and officers on how to most effectively participate in the Capital Acquisition campaign. During these sessions, we set the tone of the campaign and define the stock placement methodology. The program is designed to enable the participant to become comfortable with the tools available to them and to anticipate the prospective shareholders questions and move comfortably to close the sale. The content is designed so that the "non-salesperson" will quickly reach a level of comfort when discussing the bank's investment opportunity. The length of each session is approximately 4-6 hours and scheduled at the convenience of the Bank. Session #1-The Basics • Sponsors, criteria, profile and locations for an investment meeting • The anatomy of a typical investment meeting • An overview of the banking industry in the State • Current trends in community banking • Selected operating data of solid performing community banks Session #2-The Nitty-Gritty • Developing a common language • Reaching consensus on the approach to industry and local issues • Commonly asked questions (and the effective responses) • Overcoming objections to the saleclient.