Common use of Legal Action; Utilization of Special Receivership Powers Clause in Contracts

Legal Action; Utilization of Special Receivership Powers. The Assuming Bank shall notify the Receiver in writing (such notice to be given in accordance with Article IV below and to include all relevant details) prior to utilizing in any legal action any special legal power or right which the Assuming Bank derives as a result of having acquired a Shared-Loss Asset from the Receiver, and the Assuming Bank shall not utilize any such power unless the Receiver shall have consented in writing to the proposed usage. The Receiver shall have the right to direct such proposed usage by the Assuming Bank and the Assuming Bank shall comply in all respects with such direction. Upon request of the Receiver, the Assuming Bank will advise the Receiver as to the status of any such legal action. The Assuming Bank shall immediately notify the Receiver of any judgment in litigation involving any of the aforesaid special powers or rights. Module 1 — Whole Bank w/ Loss Share — P&A First Security National Bank Version 1.12 Norcross, GA November 17, 2009

Legal Action; Utilization of Special Receivership Powers. The Assuming Bank Institution shall notify the Receiver in writing (such notice to be given in accordance with Article IV below and to include all relevant details) prior to utilizing in any legal action any special legal power or right which the Assuming Bank Institution derives as a result of having acquired a Shared-Loss Asset from the Receiver, and the Assuming Bank Institution shall not utilize any such power unless the Receiver shall have consented in writing to the proposed usage. The Receiver shall have the right to direct such proposed usage by the Assuming Bank Institution and the Assuming Bank Institution shall comply in all respects with such direction. Upon request of the Receiver, the Assuming Bank Institution will advise the Receiver as to the status of any such legal action. The Assuming Bank Institution shall immediately notify the Receiver of any judgment in litigation involving any of the aforesaid special powers or rights. . Module 1 — – Whole Bank w/ Loss Share — – P&A First Security National Sterling Bank Version 1.12 Norcross2.07 Lantana, GA November 17Florida June 10, 20092010 136

Legal Action; Utilization of Special Receivership Powers. The Assuming Bank Institution shall notify the Receiver in writing (such notice to be given in accordance with Article IV below and to include all relevant details) prior to utilizing in any legal action any special legal power or right which the Assuming Bank Institution derives as a result of having acquired a Shared-Loss Asset from the Receiver, and the Assuming Bank Institution shall not utilize any such power unless the Receiver shall have consented in writing to the proposed usage. The Receiver shall have the right to direct such proposed usage by the Assuming Bank Institution and the Assuming Bank Institution shall comply in all respects with such direction. Upon request of the Receiver, the Assuming Bank Institution will advise the Receiver as to the status of any such legal action. The Assuming Bank Institution shall immediately notify the Receiver of any judgment in litigation involving any of the aforesaid special powers or rights. Module 1 — Whole Bank w/ Loss Share — – P&A First Security National Bank Version 1.12 Norcross2.02 March 19, GA November 172010 000 XXXXXX XXXX LOWELL, 2009MASSACHUSETTS

Legal Action; Utilization of Special Receivership Powers. The Assuming Bank Institution shall notify the Receiver in writing (such notice to be given in accordance with Article IV below and to include all relevant details) prior to utilizing in any legal action any special legal power or right which the Assuming Bank Institution derives as a result of having acquired a Shared-Loss Asset from the Receiver, and the Assuming Bank Institution shall not utilize any such power unless the Receiver shall have consented in writing to the proposed usage. The Receiver shall have the right to direct such proposed usage by the Assuming Bank Institution and the Assuming Bank Institution shall comply in all respects with such direction. Upon request of the Receiver, the Assuming Bank Institution will advise the Receiver as to the status of any such legal action. The Assuming Bank Institution shall immediately notify the Receiver of any judgment in litigation involving any of the aforesaid special powers or rights. Module 1 — Whole Bank w/ Loss Share — – P&A First Security National Bank Version 1.12 Norcross2.11B October 8, GA November 172010 85 Tifton Banking Company Tifton, 2009GA

Legal Action; Utilization of Special Receivership Powers. The Assuming Bank Institution shall notify the Receiver in writing (such notice to be given in accordance with Article IV below and to include all relevant details) prior to utilizing in any legal action any special legal power or right which the Assuming Bank Institution derives as a result of having acquired a Shared-Loss Asset from the Receiver, and the Assuming Bank Institution shall not utilize any such power unless the Receiver shall have consented in writing to the proposed usage. The Receiver shall have the right to direct such proposed usage by the Assuming Bank Institution and the Assuming Bank Institution shall comply in all respects with such direction. Upon request of the Receiver, the Assuming Bank Institution will advise the Receiver as to the status of any such legal action. The Assuming Bank Institution shall immediately notify the Receiver of any judgment in litigation involving any of the aforesaid special powers or rights. . Module 1 — – Whole Bank w/ Loss Share — – P&A First Security National 84 Satilla Community Bank Version 1.12 Norcross2.05 St. Marys Georgia April 26, GA November 17, 20092010

Legal Action; Utilization of Special Receivership Powers. The Assuming Bank Institution shall notify the Receiver in writing (such notice to be given in accordance with Article IV below and to include all relevant details) prior to utilizing in any legal action any special legal power or right which the Assuming Bank Institution derives as a result of having acquired a Shared-Loss Asset from the Receiver, and the Assuming Bank Institution shall not utilize any such power unless the Receiver shall have consented in writing to the proposed usage. The Receiver shall have the right to direct such proposed usage by the Assuming Bank Institution and the Assuming Bank Institution shall comply in all respects with such direction. Upon request of the Receiver, the Assuming Bank Institution will advise the Receiver as to the status of any such legal action. The Assuming Bank Institution shall immediately notify the Receiver of any judgment in litigation involving any of the aforesaid special powers or rights. Module 1 — Whole Bank w/ Loss Share — – P&A First Security National Bank EARTHSTAR BANK Version 1.12 Norcross2.11B SOUTHAMPTON, GA November 17PENNSYLVANIA October 8, 20092010

Legal Action; Utilization of Special Receivership Powers. The Assuming Bank Institution shall notify the Receiver in writing (such notice to be given in accordance with Article IV below and to include all relevant details) prior to utilizing in any legal action any special legal power or right which the Assuming Bank Institution derives as a result of having acquired a Shared-Loss Asset from the Receiver, and the Assuming Bank Institution shall not utilize any such power unless the Receiver shall have consented in writing to the proposed usage. The Receiver shall have the right to direct such proposed usage by the Assuming Bank Institution and the Assuming Bank Institution shall comply in all respects with such direction. Upon request of the Receiver, the Assuming Bank Institution will advise the Receiver as to the status of any such legal action. The Assuming Bank Institution shall immediately notify the Receiver of any judgment in litigation involving any of the aforesaid special powers or rights. . Module 1 — Whole Bank w/ Loss Share — P&A First Security National Coastal Community Bank Version 1.12 Norcross2.07 Panama City Beach, GA November 17FL July 30, 20092010

Legal Action; Utilization of Special Receivership Powers. The Assuming Bank Institution shall notify the Receiver in writing (such notice to be given in accordance with Article IV below and to include all relevant details) prior to utilizing in any legal action any special legal power or right which the Assuming Bank Institution derives as a result of having acquired a Shared-Loss Asset from the Receiver, and the Assuming Bank Institution shall not utilize any such power unless the Receiver shall have consented in writing to the proposed usage. The Receiver shall have the right to direct such proposed usage by the Assuming Bank Institution and the Assuming Bank Institution shall comply in all respects with such direction. Upon request of the Receiver, the Assuming Bank Institution will advise the Receiver as to the status of any such legal action. The Assuming Bank Institution shall immediately notify the Receiver of any judgment in litigation involving any of the aforesaid special powers or rights. Module 1 — Whole Bank w/ Loss Share — – P&A First Security National Bank USA BANK Version 1.12 Norcross2.06 PORT CHESTER, GA November 17NEW YORK May 24, 20092010

Legal Action; Utilization of Special Receivership Powers. The Assuming Bank Institution shall notify the Receiver in writing (such notice to be given in accordance with Article IV below and to include all relevant details) prior to utilizing in any legal action any special legal power or right which the Assuming Bank Institution derives as a result of having acquired a Shared-Loss Asset from the Receiver, and the Assuming Bank Institution shall not utilize any such power unless the Receiver shall have consented in writing to the proposed usage. The Receiver shall have the right to direct such proposed usage by the Assuming Bank Institution and the Assuming Bank Institution shall comply in all respects with such direction. Upon request of the Receiver, the Assuming Bank Institution will advise the Receiver as to the status of any such legal action. The Assuming Bank Institution shall immediately notify the Receiver of any judgment in litigation involving any of the aforesaid special powers or rights. Module 1 — Whole Bank w/ Loss Share — – P&A First Security National Home Valley Bank Version 1.12 Norcross2.07 Cave Junction, GA November 17Oregon June 10, 20092010 129

Legal Action; Utilization of Special Receivership Powers. The Assuming Bank Institution shall notify the Receiver in writing (such notice to be given in accordance with Article IV below and to include all relevant details) prior to utilizing in any legal action any special legal power or right which the Assuming Bank Institution derives as a result of having acquired a Shared-Loss Asset from the Receiver, and the Assuming Bank Institution shall not utilize any such power unless the Receiver shall have consented in writing to the proposed usage. The Receiver shall have the right to direct such proposed usage by the Assuming Bank Institution and the Assuming Bank Institution shall comply in all respects with such direction. Upon request of the Receiver, the Assuming Bank Institution will advise the Receiver as to the status of any such legal action. The Assuming Bank Institution shall immediately notify the Receiver of any judgment in litigation involving any of the aforesaid special powers or rights. Module 1 — Whole Bank w/ Loss Share — – P&A Version 2.11B October 8, 2010 85 First Security National Bank Version 1.12 Norcrossof Jacksonville Jacksonville, GA November 17, 2009FL