Common use of Real Properties Clause in Contracts

Real Properties. (a) Mutual has Previously Disclosed to Bancorp a listing of all real property owned by Mutual (including Mutual’s banking facilities and all other real estate or foreclosed properties, including improvements thereon, owned by Mutual) (collectively, the “Mutual Real Property”) and all leases pertaining to any real property leased to Mutual or leased by Mutual to a third party (the “Mutual Real Property Leases”). With respect to each parcel of the Mutual Real Property, Mutual has good and marketable fee simple title to the Mutual Real Property and owns the same free and clear of all mortgages, liens, leases, encumbrances, title defects and exceptions to title other than (i) the lien of current taxes not yet due and payable, and (ii) such imperfections of title and restrictions, covenants and easements (including utility easements) which do not materially affect the value of the Mutual Real Property or which do not and will not materially detract from, interfere with or restrict the present use of the Mutual Real Property or any future use consistent therewith. With respect to each Mutual Real Property Lease (A) such lease is valid and enforceable in accordance with its terms, (B) there currently exists no circumstance or condition which constitutes an event of default by Mutual (as lessor or lessee) or its lessor or which, with the passage of time or the giving of required notices will or could constitute such an event of default, and (C) subject to any required consent of lessor, each such Mutual Real Property Lease may be assigned to Bancorp and/or M&F Bank and the execution and delivery of this Agreement, or the consummation of the transactions described herein will not and does not constitute an event of default under such Mutual Real Property Leases; and

Real Properties. (a) Mutual United has Previously Disclosed to Bancorp FNB a listing of all real property owned or leased by Mutual United or any subsidiary (including Mutual’s banking facilities and all other real estate or foreclosed properties, including improvements thereon, owned by Mutual) (collectively, the “Mutual Real Property”) and all leases pertaining to any real property leased such Real Property to Mutual which United or leased by Mutual to any subsidiary is a third party (the “Mutual Real Property Leases”). With respect to each parcel of the Mutual all Real Property, Mutual United or any subsidiary has good and marketable fee simple title to the Mutual to, or a valid and subsisting leasehold interest in, such Real Property and owns the same free and clear of all mortgages, liens, leases, encumbrances, title defects and exceptions to title other than (i) the lien of current taxes not yet due and payable, and (ii) such imperfections of title and restrictions, covenants and easements (including utility easements) which do not materially affect the value of the Mutual Real Property or and which do not and will not materially detract from, interfere with or restrict the present or future use of the Mutual Real Property properties subject thereto or any future use consistent therewithaffected thereby. With respect to each Mutual Real Property Lease (Ai) such lease is valid and enforceable in accordance with its terms, (Bii) there currently exists no circumstance or condition which constitutes an event of default by Mutual United or any subsidiary (as lessor or lessee) or its respective lessor or which, with the passage of time or the giving of required notices will or could constitute such an event of default, and (Ciii) subject to any required consent of United’s lessor, each such Mutual Real Property Lease may be assigned to Bancorp and/or M&F Bank FNB and the execution and delivery of this Agreement, or the consummation of the transactions described herein will not and Agreement does not constitute an event of default under such Mutual thereunder. To the best knowledge and belief of management of United, the Real Property Leases; andcomplies with all applicable federal, state and local laws, regulations, ordinances or orders of any governmental authority, including those relating to zoning, building and use permits, except for such noncompliance as does not or would not have a Material Adverse Effect on United and its subsidiaries, and the Real Property may be used under applicable zoning ordinances for commercial banking facilities as a matter of right rather than as a conditional or nonconforming use. All improvements and fixtures included in or on the Real Property are in good condition and repair, ordinary wear and tear excepted, and there does not exist any condition which materially adversely affects the economic value thereof or materially adversely interferes (or will interfere after the Merger) with the contemplated use thereof.

Real Properties. (a) Mutual Integrity has Previously Disclosed to Bancorp FNB a listing of all real property owned or leased by Mutual Integrity or any subsidiary (including Mutual’s banking facilities and all other real estate or foreclosed properties, including improvements thereon, owned by Mutual) (collectively, the “Mutual Real Property”) and all leases pertaining to any real property leased such Real Property to Mutual which Integrity or leased by Mutual to any subsidiary is a third party (the “Mutual Real Property Leases”). With respect to each parcel of the Mutual all Real Property, Mutual Integrity or any subsidiary has good and marketable fee simple title to the Mutual to, or a valid and subsisting leasehold interest in, such Real Property and owns the same free and clear of all mortgages, liens, leases, encumbrances, title defects and exceptions to title other than (i) the lien of current taxes not yet due and payable, and (ii) such imperfections of title and restrictions, covenants and easements (including utility easements) which do not materially affect the value of the Mutual Real Property or and which do not and will not materially detract from, interfere with or restrict the present or future use of the Mutual Real Property properties subject thereto or any future use consistent therewithaffected thereby. With respect to each Mutual Real Property Lease (Ai) such lease is valid and enforceable in accordance with its terms, (Bii) there currently exists no circumstance or condition which constitutes an event of default by Mutual Integrity or any subsidiary (as lessor or lessee) or its respective lessor or which, with the passage of time or the giving of required notices will or could constitute such an event of default, and (Ciii) subject to any required consent of Integrity’s lessor, each such Mutual Real Property Lease may be assigned to Bancorp and/or M&F Bank FNB and the execution and delivery of this Agreement, or the consummation of the transactions described herein will not and Agreement does not constitute an event of default under such Mutual thereunder. The Real Property Leases; andcomplies with all applicable federal, state and local laws, regulations, ordinances or orders of any governmental authority, including those relating to zoning, building and use permits, except for such noncompliance as does not or would not have a Material Adverse Effect on Integrity and its subsidiaries, and the Real Property may be used under applicable zoning ordinances for commercial banking facilities as a matter of right rather than as a conditional or nonconforming use. All improvements and fixtures included in or on the Real Property are in good condition and repair, ordinary wear and tear excepted, and there does not exist any condition which materially adversely affects the economic value thereof or materially adversely interferes (or will interfere after the Merger) with the contemplated use thereof.

Real Properties. (a) Mutual First Xxxxxx has Previously Disclosed to Bancorp Catawba and --------------- Bancshares a listing of all real property owned or leased by Mutual First Xxxxxx and its Subsidiaries (including Mutual’s including, without limitation, banking facilities and all other real estate or foreclosed properties, including improvements thereon, properties owned by MutualFirst Xxxxxx) (collectively, the “Mutual "First Xxxxxx Real Property”") and all leases leases, if any, pertaining to any real property leased such First Xxxxxx Real Property to Mutual or leased by Mutual to which First Xxxxxx is a third party (the “Mutual "First Xxxxxx Real Property Leases”"). With respect to each parcel of the Mutual all First Xxxxxx Real PropertyProperty owned by First Xxxxxx, Mutual First Xxxxxx has good and marketable fee simple title to the Mutual such First Xxxxxx Real Property and owns the same free and clear of all mortgages, liens, leases, encumbrances, title defects defects, and exceptions to title other than (i) the lien of current taxes not yet due and payable, and (ii) such imperfections of title and restrictions, covenants and easements (including utility easements) which do not affect materially and adversely affect the value of the Mutual First Xxxxxx Real Property or and which do not and will not materially detract from, interfere with with, or restrict the present or future use of the Mutual Real Property properties subject thereto or any future use consistent therewithaffected thereby. With respect to each Mutual First Xxxxxx Real Property Lease (Ai) such lease is valid and enforceable in accordance with its terms, (Bii) there currently exists no circumstance or condition which constitutes an event of default by Mutual (as lessor First Xxxxxx or lessee) or its their lessor or which, with the passage of time or the giving of required notices notices, will or could constitute such an event of default, and (Ciii) subject to any required consent of lessor, each such Mutual Real Property Lease may be assigned to Bancorp and/or M&F Bank and the execution and delivery of this Agreement, or the consummation of the transactions described herein will not and Agreement does not constitute an event of default under such Mutual thereunder. To the best knowledge of management of First Xxxxxx, the First Xxxxxx Real Property Leases; andcomplies in all material respects with all applicable federal, state, and local laws, regulations, ordinances, or orders of any governmental authority, including those relating to zoning, building and use permits, and the First Xxxxxx Real Property may be used under applicable zoning ordinances for commercial banking facilities as a matter of right rather than as a conditional or nonconforming use. All improvements and fixtures included in or on the First Xxxxxx Real Property are in good condition and repair, ordinary wear and tear excepted, and there does not exist any condition which materially interferes with First Xxxxxx'x use or materially and adversely affects the economic value thereof.

Real Properties. (a) Mutual has Previously Disclosed to Bancorp a listing of The BBI Disclosure Statement and/or the BBI Financial Statements lists all real property owned by Mutual Xxxxxxx, BBI and THC including improvements thereon (including Mutual’s Xxxxxxx'x banking facilities and all other real estate or foreclosed properties, properties including improvements thereon, thereon owned by MutualXxxxxxx) (collectively, the “Mutual "Real Property”") and all leases pertaining to any real property leased such Real Property to Mutual which Xxxxxxx, BBI or leased by Mutual to THC is a third party (the “Mutual "Real Property Leases”"). With respect to each parcel of the Mutual all Real Property, Mutual Xxxxxxx, BBI or THC has good and marketable fee simple title to the Mutual such Real Property and owns the same free and clear of all mortgages, liens, leases, encumbrances, title defects and exceptions to title other than (i) the lien of current taxes not yet due and payable, and (ii) such imperfections of title and restrictions, covenants and easements (including utility easements) which do not materially affect the value of the Mutual Real Property or and which do not and will not materially detract from, interfere with or restrict the present or future use of the Mutual Real Property properties subject thereto or any future use consistent therewithaffected thereby. With respect to each Mutual Real Property Lease (Ai) such lease is valid and enforceable in accordance with its terms, (Bii) there currently exists no circumstance or condition which constitutes an event of default by Mutual (as Xxxxxxx, BBI or THC(as lessor or lessee) or its respective lessor or lessee which, with the passage of time or the giving of required notices will or could constitute such an event of default, and (Ciii) subject to any required consent of lessor, each such Mutual Real Property Lease may be assigned to Bancorp and/or M&F Bank and the execution and delivery of this Agreement, or the consummation of the transactions described herein will not and Agreement does not constitute an event of default under such Mutual thereunder. To the best of the knowledge and belief of management of Xxxxxxx and BBI, the Real Property Leases; andcomplies in all material respects with all applicable federal, state and local laws, regulations, ordinances or orders of any governmental authority, including those relating to zoning, building and use permits, and the Real Property may be used under applicable zoning ordinances for commercial purposes or its historical purpose as a matter of right rather than as a conditional or nonconforming use. Except as disclosed in the BBI Disclosure Statement, all improvements and fixtures included in or on the Real Property are in good condition and repair, ordinary wear and tear excepted, and there does not exist any condition which interferes (or will interfere after the Merger) with the use or affects the economic value thereof.

Real Properties. (a) Mutual Centennial has Previously Disclosed to Bancorp Crescent Financial a listing of all real property owned or leased by Mutual Centennial (including Mutual’s banking facilities and all other real estate or foreclosed properties, including improvements thereon, owned by Mutual) (collectively, the “Mutual "Real Property”") and all leases pertaining to any real property leased such Real Property to Mutual or leased by Mutual to which Centennial is a third party (the “Mutual "Real Property Leases”"). With respect to each parcel of the Mutual all Real Property, Mutual Centennial has good and marketable fee simple title to the Mutual to, or a valid and subsisting leasehold interest in, such Real Property and owns the same free and clear of all mortgages, liens, leases, encumbrances, title defects and exceptions to title other than (i) the lien of current taxes not yet due and payable, and (ii) such imperfections of title and restrictions, covenants and easements (including utility easements) which do not materially affect the value of the Mutual Real Property or and which do not and will not materially detract from, interfere with or restrict the present or future use of the Mutual Real Property properties subject thereto or any future use consistent therewithaffected thereby. With respect to each Mutual Real Property Lease (Ai) such lease is valid and enforceable in accordance with its terms, (Bii) there currently exists no circumstance or condition which constitutes an event of default by Mutual Centennial (as lessor or lessee) or its respective lessor or which, with the passage of time or the giving of required notices will or could constitute such an event of default, and (Ciii) subject to any required consent of Centennial's lessor, each such Mutual Real Property Lease may be assigned to Bancorp and/or M&F Bank Crescent Financial and the execution and delivery of this Agreement, or the consummation of the transactions described herein will not and Agreement does not constitute an event of default under such Mutual thereunder. To the best knowledge and belief of management of Centennial, the Real Property Leases; andcomplies with all applicable federal, state and local laws, regulations, ordinances or orders of any governmental authority, including those relating to zoning, building and use permits, except for such noncompliance as does not or would not have a Material Adverse Effect on Centennial, and the Real Property may be used under applicable zoning ordinances for commercial banking facilities as a matter of right rather than as a conditional or nonconforming use. All improvements and fixtures included in or on the Real Property are in good condition and repair, ordinary wear and tear excepted, and there does not exist any condition which materially adversely affects the economic value thereof or materially adversely interferes (or will interfere after the Merger) with the contemplated use thereof.

Real Properties. (a) Mutual Select does not own or lease any real property and has not previously owned or leased any real property. Select Bank has Previously Disclosed to Bancorp NCBC Bank a listing list of all real property owned by Mutual Select Bank or Select Real Estate Holdings, LLC (including Mutual’s banking facilities the “Owned Real Property”), or leased by Select Bank or Select Real Estate Holdings, LLC (the “Leased Real Property” and all other real estate or foreclosed properties, including improvements thereon, owned by Mutual) (collectivelytogether with the Owned Real Property, the “Mutual Real Property”) ), and all leases and ancillary documents pertaining to any the Leased Real Property (the “Real Property Leases” and each a “Real Property Lease”), as well as a list of all real property leased to Mutual previously owned or leased by Mutual to a third party Select Bank or Select Real Estate Holdings, LLC (the “Mutual Previous Real Property LeasesProperty”). With respect to each parcel of the Mutual all Real Property, Mutual Select Bank or Select Real Estate Holdings, LLC, has good and marketable fee simple title to the Mutual to, or a valid and subsisting leasehold interest in, such Real Property and owns the same free and clear of all mortgages, liens, leases, encumbrances, title defects and exceptions to title other than (i) the lien of current taxes Taxes not yet due and payable, and (ii) such imperfections of title and restrictions, covenants and easements (including utility easements) which do not materially and adversely affect the value of the Mutual Real Property or and which do not and will not materially detract from, interfere with or restrict the present or future use of the Mutual Real Property properties subject thereto or any future use consistent therewithaffected thereby. With respect to each Mutual Real Property Lease (Ax) such lease is valid and enforceable in accordance with its termsterms (subject to bankruptcy, insolvency, fraudulent conveyance and other laws of general applicability relating to or affecting creditors’ rights and to general equity principles), (By) there currently exists no circumstance or condition which constitutes an event of default by Mutual Select Bank (as lessor or lessee) or its lessor or which, with the passage of time or the giving of required notices will or could constitute such an event of default, and (Cz) subject to any required consent of Select Bank’s lessor, each such Mutual Real Property Lease may be assigned to Bancorp and/or M&F NCBC Bank at Closing without penalty or premium, and the execution and delivery of this Agreement, or the consummation of the transactions described herein will not and Agreement does not constitute an event of default under such Mutual thereunder. The Owned Real Property Leases; and, to the Knowledge of Select Bank, the Leased Real Property, comply with all applicable federal, state and local laws, regulations, ordinances or orders of any governmental authority, including those relating to zoning, building and use permits, and the Real Property may be used under applicable zoning ordinances for commercial banking facilities as a matter of right rather than as a conditional or nonconforming use. All improvements and fixtures included in or on the Real Property are in good condition and repair, ordinary wear and tear excepted, and there does not exist any condition which materially adversely affects the economic value thereof or materially adversely interferes (or will interfere after the Mergers) with the contemplated use thereof.

Real Properties. (a) Mutual Rowan has Previously Disclosed to Bancorp FNB a listing of --------------- all real property owned or leased by Mutual Rowan or Rowan Bank (including Mutual’s banking facilities and all other real estate or foreclosed properties, including improvements thereon, owned by Mutual) (collectively, the “Mutual "Real Property”") and all leases pertaining to any real property leased such Real Property to Mutual which Rowan or leased by Mutual to Rowan Bank is a third party (the “Mutual "Real Property Leases”"). With respect to each parcel of the Mutual all Real Property, Mutual Rowan or Rowan Bank has good and marketable fee simple title to the Mutual to, or a valid and subsisting leasehold interest in, such Real Property and owns the same free and clear of all mortgages, liens, leases, encumbrances, title defects and exceptions to title other than (i) the lien of current taxes not yet due and payable, and (ii) such imperfections of title and restrictions, covenants and easements (including utility easements) which do not materially affect the value of the Mutual Real Property or and which do not and will not materially detract from, interfere with or restrict the present or future use of the Mutual Real Property properties subject thereto or any future use consistent therewithaffected thereby. With respect to each Mutual Real Property Lease (Ai) such lease is valid and enforceable in accordance with its terms, (Bii) there currently exists no circumstance or condition which constitutes an event of default by Mutual Rowan or Rowan Bank (as lessor or lessee) or its respective lessor or which, with the passage of time or the giving of required notices will or could constitute such an event of default, and (Ciii) subject to any required consent of Rowan's lessor, each such Mutual Real Property Lease may be assigned to Bancorp and/or M&F Bank FNB and the execution and delivery of this Agreement, or the consummation of the transactions described herein will not and Agreement does not constitute an event of default under such Mutual thereunder. To the best knowledge and belief of management of Rowan, the Real Property Leases; andcomplies with all applicable federal, state and local laws, regulations, ordinances or orders of any governmental authority, including those relating to zoning, building and use permits, except for such noncompliance as does not or would not have a Material Adverse Effect on Rowan and Rowan Bank, and the Real Property may be used under applicable zoning ordinances for commercial banking facilities as a matter of right rather than as a conditional or nonconforming use. All improvements and fixtures included in or on the Real Property are in good condition and repair, ordinary wear and tear excepted, and there does not exist any condition which materially adversely affects the economic value thereof or materially adversely interferes (or will interfere after the Merger) with the contemplated use thereof.

Real Properties. (a) Mutual has Catawba and Bancshares have Previously Disclosed to Bancorp --------------- First Xxxxxx a listing of all real property owned or leased by Mutual Catawba or Bancshares and their respective Subsidiaries (including Mutual’s including, without limitation, banking facilities and all other real estate or foreclosed properties, including improvements thereon, properties owned by MutualCatawba or Bancshares) (collectively, the “Mutual "Catawba Real Property”") and all leases leases, if any, pertaining to any real property leased such Catawba Real Property to Mutual which Catawba or leased by Mutual to Bancshares is a third party (the “Mutual "Catawba Real Property Leases”"). With respect to each parcel of the Mutual all Catawba Real PropertyProperty owned by Catawba or Bancshares, Mutual has Catawba and Bancshares have good and marketable fee simple title to the Mutual such Catawba Real Property and owns the same free and clear of all mortgages, liens, leases, encumbrances, title defects defects, and exceptions to title other than (i) the lien of current taxes not yet due and payable, and (ii) such imperfections of title and restrictions, covenants and easements (including utility easements) which do not affect materially and adversely affect the value of the Mutual Catawba Real Property or and which do not and will not materially detract from, interfere with with, or restrict the present or future use of the Mutual Real Property properties subject thereto or any future use consistent therewithaffected thereby. With respect to each Mutual Catawba Real Property Lease (Ai) such lease is valid and enforceable in accordance with its terms, (Bii) there currently exists no circumstance or condition which constitutes an event of default by Mutual (as lessor Catawba or lessee) Bancshares or its their lessor or which, with the passage of time or the giving of required notices notices, will or could constitute such an event of default, and (Ciii) subject to any required consent of lessor, each such Mutual Real Property Lease may be assigned to Bancorp and/or M&F Bank and the execution and delivery of this Agreement, or the consummation of the transactions described herein will not and Agreement does not constitute an event of default under such Mutual thereunder. To the best knowledge of management of Catawba or Bancshares, the Catawba Real Property Leases; andcomplies in all material respects with all applicable federal, state, and local laws, regulations, ordinances, or orders of any governmental authority, including those relating to zoning, building and use permits, and the Catawba Real Property may be used under applicable zoning ordinances for commercial banking facilities as a matter of right rather than as a conditional or nonconforming use. All improvements and fixtures included in or on the Catawba Real Property are in good condition and repair, ordinary wear and tear excepted, and there does not exist any condition which materially interferes with Catawba's or Bancshares' use or materially and adversely affects the economic value thereof.

Real Properties. (aSection 3.1(h) Mutual has Previously Disclosed to Bancorp a listing of the JB Disclosure Schedule lists all real property Real Estate owned by Mutual (including Mutual’s banking facilities and all other real estate or foreclosed properties, including improvements thereon, owned by Mutual) (collectively, the “Mutual Real Property”) and all leases pertaining to any real property leased to Mutual or leased by Mutual to a third party (JB, giving each property's address and stating, in the “Mutual Real Property Leases”). With respect to each parcel case of leased property, whether the property is leased as lessee or sublessee and the name of the Mutual Real Property, Mutual lessor or sublessor. CKE has good delivered or caused to be delivered to GB complete and marketable fee simple title to the Mutual Real Property and owns the same free and clear of all mortgages, liens, leases, encumbrances, title defects and exceptions to title other than (i) the lien of current taxes not yet due and payable, and (ii) such imperfections of title and restrictions, covenants and easements (including utility easements) which do not materially affect the value accurate copies of the Mutual Leases. JB has not received written notice of condemnation or eminent domain proceedings and is not aware of any such proceedings pending or threatened against any Real Property Estate. Except as disclosed to GB management prior to its execution hereof, JB has not received any notice from any city, village or which do not other Governmental Entity of any zoning, ordinance, building, fire or health code or other legal violation in respect of any Real Estate. The Leases are in full force and will not materially detract fromeffect and are valid, interfere with or restrict the present use of the Mutual Real Property or any future use consistent therewith. With respect to each Mutual Real Property Lease (A) such lease is valid binding and enforceable in accordance with their respective terms; no amount payable under any Lease is past due; JB is in compliance in all material respects with all commitments and obligations on its termspart to be performed or observed under each Lease and is not aware of the failure by any other party to any Lease to comply in all material respects with all of its commitments and obligations; JB has not received any written notice (A) of a default (which has not been cured), offset or counterclaim under any Lease, or, any other communication calling upon it to comply with any provision of any Lease or asserting noncompliance, or asserting that JB has waived or altered its rights thereunder, and no event or condition has happened or presently exists which constitutes a default or, after notice or lapse of time or both, would constitute a default under any Lease on the part of JB or any other party, or (B) there currently exists no circumstance of any Action against any party under any Lease which if adversely determined would result in such Lease being terminated or condition cut off or which constitutes an event would otherwise adversely affect or limit JB's use or enjoyment of default by Mutual (as lessor or lessee) or its lessor or which, with the passage of time or the giving of required notices will or could constitute such an event of default, Real Estate; and (Cv) subject to JB has not assigned, mortgaged, pledged or otherwise encumbered its interest, if any, under any required consent of lessor, each such Mutual Real Property Lease may be assigned to Bancorp and/or M&F Bank and the execution and delivery of this Agreement, or the consummation of the transactions described herein will not and does not constitute an event of default under such Mutual Real Property Leases; andLease.

Real Properties. (a) Mutual BHS has Previously Disclosed to Bancorp Bankshares a listing of all real property owned or leased by Mutual BHS (including Mutual’s banking facilities and all other real estate or foreclosed properties, including improvements thereon, owned by Mutual) (collectively, the “Mutual Real Property”) and all leases pertaining to any real property leased such Real Property to Mutual or leased by Mutual to which BHS is a third party (the “Mutual Real Property Leases” and each “Real Property Lease”). With respect to each parcel of the Mutual all Real Property, Mutual BHS has good and marketable fee simple title to the Mutual to, or a valid and subsisting leasehold interest in, such Real Property and owns the same free and clear of all mortgages, liens, leases, encumbrances, title defects and exceptions to title other than (i) the lien of current taxes not yet due and payable, and (ii) such imperfections of title and restrictions, covenants and easements (including utility easements) which do not materially affect the value of the Mutual Real Property or and which do not and will not materially detract from, interfere with or restrict the present or future use of the Mutual Real Property properties subject thereto or any future use consistent therewithaffected thereby. With respect to each Mutual Real Property Lease (Ai) such lease is valid and enforceable in accordance with its terms, (Bii) there currently exists no circumstance or condition which constitutes an event of default by Mutual BHS (as lessor or lessee) or its respective lessor or which, with the passage of time or the giving of required notices will or could constitute such an event of default, and (Ciii) subject to any required consent of BHS’s lessor, each such Mutual Real Property Lease may be assigned to Bancorp and/or M&F the Bank or Bankshares and the execution and delivery of this Agreement, or the consummation of the transactions described herein will not and Agreement does not constitute an event of default under such Mutual thereunder. To the best knowledge and belief of management of BHS, the Real Property Leases; andcomplies with all applicable federal, state and local laws, regulations, ordinances or orders of any governmental authority, including those relating to zoning, building and use permits, except for such noncompliance as does not or would not have a Material Adverse Effect on BHS, and the Real Property may be used under applicable zoning ordinances for commercial banking facilities as a matter of right rather than as a conditional or nonconforming use. All improvements and fixtures included in or on the Real Property are in good condition and repair, ordinary wear and tear excepted, and there does not exist any condition which materially adversely affects the economic value thereof or materially adversely interferes (or will interfere after the Merger) with the contemplated use thereof.

Real Properties. (a) Mutual PSB has Previously Disclosed to Bancorp a listing of all real property owned or leased by Mutual PSB (including Mutual’s banking facilities and all other real estate or foreclosed properties, including improvements thereon, owned by Mutual) (collectively, the “Mutual Real Property”) and all leases pertaining to any real property leased such Real Property to Mutual or leased by Mutual to which PSB is a third party (the “Mutual Real Property Leases” and each a “Real Property Lease”). With respect to each parcel of the Mutual all Real Property, Mutual PSB has good and marketable fee simple title to the Mutual to, or a valid and subsisting leasehold interest in, such Real Property and owns the same free and clear of all mortgages, liens, leases, encumbrances, title defects and exceptions to title other than (i) the lien of current taxes not yet due and payable, and (ii) such imperfections of title and restrictions, covenants and easements (including utility easements) which do not materially affect the value of the Mutual Real Property or and which do not and will not materially detract from, interfere with or restrict the present or future use of the Mutual Real Property properties subject thereto or any future use consistent therewithaffected thereby. With respect to each Mutual Real Property Lease (Ax) such lease is valid and enforceable in accordance with its terms, (By) there currently exists no circumstance or condition which constitutes an event of default by Mutual PSB (as lessor or lessee) or its respective lessor or lessee or which, with the passage of time or the giving of required notices will or could constitute such an event of default, and (Cz) subject to any required consent of PSB’s lessor, each such Mutual Real Property Lease may be assigned to the Bank or Bancorp and/or M&F Bank and the execution and delivery of this Agreement, or the consummation of the transactions described herein will not and Agreement does not constitute an event of default under such Mutual thereunder. To the best knowledge and belief of management of PSB, the Real Property Leases; andcomplies with all applicable federal, state and local laws, regulations, ordinances or orders of any governmental authority, including those relating to zoning, building and use permits, except for such noncompliance as does not or would not have a Material Adverse Effect on PSB, and the Real Property may be used under applicable zoning ordinances for commercial banking facilities as a matter of right rather than as a conditional or nonconforming use. All improvements and fixtures included in or on the Real Property are in good condition and repair, ordinary wear and tear excepted, and there does not exist any condition which materially adversely affects the economic value thereof or materially adversely interferes (or will interfere after the Merger) with the contemplated use thereof.

Real Properties. (a) Mutual Carolina has Previously Disclosed to Bancorp FNB a listing --------------- of all real property owned or leased by Mutual Carolina or any subsidiary (including Mutual’s banking facilities and all other real estate or foreclosed properties, including improvements thereon, owned by Mutual) (collectively, the “Mutual "Real Property”") and all leases pertaining to any real property leased such Real Property to Mutual which Carolina or leased by Mutual to any subsidiary is a third party (the “Mutual "Real Property Leases”"). With respect to each parcel of the Mutual all Real Property, Mutual Carolina or any subsidiary has good and marketable fee simple title to the Mutual to, or a valid and subsisting leasehold interest in, such Real Property and owns the same free and clear of all mortgages, liens, leases, encumbrances, title defects and exceptions to title other than (i) the lien of current taxes not yet due and payable, and (ii) such imperfections of title and restrictions, covenants and easements (including utility easements) which do not materially affect the value of the Mutual Real Property or and which do not and will not materially detract from, interfere with or restrict the present or future use of the Mutual Real Property properties subject thereto or any future use consistent therewithaffected thereby. With respect to each Mutual Real Property Lease (Ai) such lease is valid and enforceable in accordance with its terms, (Bii) there currently exists no circumstance or condition which constitutes an event of default by Mutual Carolina or any subsidiary (as lessor or lessee) or its respective lessor or which, with the passage of time or the giving of required notices will or could constitute such an event of default, and (Ciii) subject to any required consent of Carolina's lessor, each such Mutual Real Property Lease may be assigned to Bancorp and/or M&F Bank FNB and the execution and delivery of this Agreement, or the consummation of the transactions described herein will not and Agreement does not constitute an event of default under such Mutual thereunder. To the best knowledge and belief of management of Carolina, the Real Property Leases; andcomplies with all applicable federal, state and local laws, regulations, ordinances or orders of any governmental authority, including those relating to zoning, building and use permits, except for such noncompliance as does not or would not have a Material Adverse Effect on Carolina and its subsidiaries, and the Real Property may be used under applicable zoning ordinances for commercial banking facilities as a matter of right rather than as a conditional or nonconforming use. All improvements and fixtures included in or on the Real Property are in good condition and repair, ordinary wear and tear excepted, and there does not exist any condition which materially adversely affects the economic value thereof or materially adversely interferes (or will interfere after the Merger) with the contemplated use thereof.

Real Properties. (a) Mutual PARA does not own or lease any real property and has not previously owned or leased any real property. Target Bank has Previously Disclosed to Bancorp Select Bank a listing list of all real property owned by Mutual Target Bank (including Mutual’s banking facilities the “Owned Real Property”) or leased by Target Bank (the “Leased Real Property” and all other real estate or foreclosed properties, including improvements thereon, owned by Mutual) (collectivelytogether with the Owned Real Property, the “Mutual Real Property”) and all leases and ancillary documents pertaining to any the Leased Real Property (the “Real Property Leases” and each a “Real Property Lease”), as well as a list of all real property leased to Mutual previously owned or leased by Mutual to a third party Target Bank (the “Mutual Previous Real Property LeasesProperty”). With respect to each parcel of the Mutual all Real Property, Mutual Target Bank has good and marketable fee simple title to the Mutual to, or a valid and subsisting leasehold interest in, such Real Property and owns the same free and clear of all mortgages, liens, leases, encumbrances, title defects and exceptions to title other than (i) the lien of current taxes Taxes not yet due and payable, and (ii) such imperfections of title and restrictions, covenants and easements (including utility easements) which do not materially and adversely affect the value of the Mutual Real Property or and which do not and will not materially detract from, interfere with or restrict the present or future use of the Mutual Real Property properties subject thereto or any future use consistent therewithaffected thereby. With respect to each Mutual Real Property Lease (Ax) such lease is valid and enforceable in accordance with its termsterms (subject to bankruptcy, insolvency, fraudulent conveyance and other laws of general applicability relating to or affecting creditors’ rights and to general equity principles), (By) there currently exists no circumstance or condition which constitutes an event of default by Mutual Target Bank (as lessor or lessee) or its lessor or which, with the passage of time or the giving of required notices will or could constitute such an event of default, and (Cz) subject to any required consent of Target Bank’s lessor, each such Mutual Real Property Lease may be assigned to Bancorp and/or M&F Select Bank at Closing without penalty or premium, and the execution and delivery of this Agreement, or the consummation of the transactions described herein will not and Agreement does not constitute an event of default under such Mutual thereunder. The Owned Real Property Leases; and, to the Knowledge of Target Bank, the Leased Real Property, comply with all applicable federal, state and local laws, regulations, ordinances or orders of any governmental authority, including those relating to zoning, building and use permits, and the Real Property may be used under applicable zoning ordinances for commercial banking facilities as a matter of right rather than as a conditional or nonconforming use. All improvements and fixtures included in or on the Real Property are in good condition and repair, ordinary wear and tear excepted, and there does not exist any condition which materially adversely affects the economic value thereof or materially adversely interferes (or will interfere after the Merger) with the contemplated use thereof.

Real Properties. (a) Mutual First Savings has Previously Disclosed to Bancorp --------------- BancShares a listing as of February 28, 1997, of all real property owned by Mutual First Savings or FSB (including Mutual’s FSB's banking facilities and all other real estate or foreclosed properties, including improvements thereonimprovements, thereon owned by MutualFSB) (collectively, the “Mutual "Real Property”) and all leases pertaining to any real property leased to Mutual or leased by Mutual to a third party (the “Mutual Real Property Leases”"). With respect to each parcel of the Mutual all Real Property, Mutual First Savings or FSB has good and marketable fee simple title to the Mutual such Real Property and owns the same free and clear of all mortgages, liens, leases, encumbrances, title defects and exceptions to title other than (iI) the lien of current taxes not yet due and payable, and (iiII) such imperfections of title and restrictions, covenants and easements (including utility easements) which do not materially affect the value of the Mutual Real Property or and which do not and will not materially detract from, interfere with or restrict the present or future use of the Mutual properties subject thereto or affected thereby. Neither First Savings nor FSB is a party (whether as lessee or lessor) to any lease or rental agreement with respect to any real property. To the Best Knowledge of management of First Savings and FSB, the Real Property complies in all material respects with all applicable federal, state and local laws, regulations, ordinances or orders of any future governmental authority, including those relating to zoning, building and use consistent therewith. With respect to each Mutual permits, and the Real Property Lease (A) such lease is valid may be used under applicable zoning ordinances for commercial banking facilities as a matter of right rather than as a conditional or nonconforming use. To the Best Knowledge of management of First Savings and enforceable FSB, all improvements and fixtures included in accordance with its termsor on the Real Property are in good condition and repair, (B) ordinary wear and tear excepted, and there currently exists no circumstance or does not exist any condition which constitutes an event of default by Mutual in any material respect interferes with FSB's use (as lessor or lesseewill interfere with FCB's use after the Merger) or its lessor or which, with affects the passage of time or the giving of required notices will or could constitute such an event of default, and (C) subject to any required consent of lessor, each such Mutual Real Property Lease may be assigned to Bancorp and/or M&F Bank and the execution and delivery of this Agreement, or the consummation of the transactions described herein will not and does not constitute an event of default under such Mutual Real Property Leases; andeconomic value thereof.

Real Properties. (a) Mutual Home Savings has Previously Disclosed to Bancorp FNB a listing of all real property owned or leased by Mutual Home Savings or the Subsidiary (including Mutual’s banking facilities and all other real estate or foreclosed properties, including improvements thereon, owned by Mutual) (collectively, the “Mutual "Real Property”") and all leases pertaining to any real property leased such Real Property to Mutual which Home Savings or leased by Mutual to the Subsidiary is a third party (the “Mutual "Real Property Leases”"). With respect to each parcel of the Mutual all Real Property, Mutual Home Savings or the Subsidiary has good and marketable fee simple title to the Mutual such Real Property and owns the same free and clear of all mortgages, liens, leases, encumbrances, title defects and exceptions to title other than (i) the lien of current taxes not yet due and payable, and (ii) such imperfections of title and restrictions, covenants and easements (including utility easements) which do not materially affect the value of the Mutual Real Property or and which do not and will not materially detract from, interfere with or restrict the present or future use of the Mutual Real Property properties subject thereto or any future use consistent therewithaffected thereby. With respect to each Mutual Real Property Lease (Ai) such lease is valid and enforceable in accordance with its terms, (Bii) there currently exists no circumstance or condition which constitutes an event of default by Mutual Home Savings or the Subsidiary (as lessor or lessee) or its respective lessor or which, with the passage of time or the giving of required notices will or could constitute such an event of default, and (Ciii) subject to any required consent of Home Savings' lessor, each such Mutual Real Property Lease may be assigned to Bancorp and/or M&F Bank FNB and the execution and delivery of this Agreement, or the consummation of the transactions described herein will not and Agreement does not constitute an event of default under such Mutual thereunder. To the best of the knowledge and belief of management of Home Savings, the Real Property Leases; and(excluding other real estate owned) complies in all material respects with all applicable federal, state and local laws, regulations, ordinances or orders of any governmental authority, including those relating to zoning, building and use permits, and the Real Property (excluding other real estate owned) may be used under applicable zoning ordinances for commercial banking facilities as a matter of right rather than as a conditional or nonconforming use. All improvements and fixtures included in or on the Real Property are in good condition and repair, ordinary wear and tear excepted, and there does not exist any condition which affects the economic value thereof or interferes (or will interfere after the Merger) with the contemplated use thereof.

Real Properties. (a) Mutual Carolina has Previously Disclosed to Bancorp FNB a listing of all real property owned or leased by Mutual Carolina or any subsidiary (including Mutual’s banking facilities and all other real estate or foreclosed properties, including improvements thereon, owned by Mutual) (collectively, the “Mutual "Real Property”") and all leases pertaining to any real property leased such Real Property to Mutual which Carolina or leased by Mutual to any subsidiary is a third party (the “Mutual "Real Property Leases”"). With respect to each parcel of the Mutual all Real Property, Mutual Carolina or any subsidiary has good and marketable fee simple title to the Mutual to, or a valid and subsisting leasehold interest in, such Real Property and owns the same free and clear of all mortgages, liens, leases, encumbrances, title defects and exceptions to title other than (i) the lien of current taxes not yet due and payable, and (ii) such imperfections of title and restrictions, covenants and easements (including utility easements) which do not materially affect the value of the Mutual Real Property or and which do not and will not materially detract from, interfere with or restrict the present or future use of the Mutual Real Property properties subject thereto or any future use consistent therewithaffected thereby. With respect to each Mutual Real Property Lease (Ai) such lease is valid and enforceable in accordance with its terms, (Bii) there currently exists no circumstance or condition which constitutes an event of default by Mutual Carolina or any subsidiary (as lessor or lessee) or its respective lessor or which, with the passage of time or the giving of required notices will or could constitute such an event of default, and (Ciii) subject to any required consent of Carolina's lessor, each such Mutual Real Property Lease may be assigned to Bancorp and/or M&F Bank FNB and the execution and delivery of this Agreement, or the consummation of the transactions described herein will not and Agreement does not constitute an event of default under such Mutual thereunder. To the best knowledge and belief of management of Carolina, the Real Property Leases; andcomplies with all applicable federal, state and local laws, regulations, ordinances or orders of any governmental authority, including those relating to zoning, building and use permits, except for such noncompliance as does not or would not have a Material Adverse Effect on Carolina and its subsidiaries, and the Real Property may be used under applicable zoning ordinances for commercial banking facilities as a matter of right rather than as a conditional or nonconforming use. All improvements and fixtures included in or on the Real Property are in good condition and repair, ordinary wear and tear excepted, and there does not exist any condition which materially adversely affects the economic value thereof or materially adversely interferes (or will interfere after the Merger) with the contemplated use thereof.

Real Properties. (a) Mutual has Previously Disclosed to The Twentieth Bancorp a listing of Disclosure Statement and/or its Financial Statements lists all real property owned by Mutual Twentieth Bancorp and the Bank including improvements thereon (including Mutual’s the Bank's banking facilities and all other real estate or foreclosed properties, properties including improvements thereon, thereon owned by Mutualthe Bank) (collectively, the “Mutual "Real Property”") and all leases pertaining to any real property leased such Real Property to Mutual which Twentieth Bancorp or leased by Mutual to the Bank is a third party (the “Mutual "Real Property Leases”"). With respect to each parcel of the Mutual all Real Property, Mutual Twentieth Bancorp or the Bank has good and marketable fee simple title to the Mutual such Real Property and owns the same free and clear of all mortgages, liens, leases, encumbrances, title defects and exceptions to title other than (i) the lien of current taxes not yet due and payable, and (ii) such imperfections of title and restrictions, covenants and easements (including utility easements) which do not materially affect the value of the Mutual Real Property or and which do not and will not materially detract from, interfere with or restrict the present or future use of the Mutual Real Property properties subject thereto or any future use consistent therewithaffected thereby. With respect to each Mutual Real Property Lease (Ai) such lease is valid and enforceable in accordance with its terms, (Bii) there currently exists no circumstance or condition which constitutes an event of default by Mutual Twentieth Bancorp or the Bank (as lessor or lessee) or its respective lessor or lessee which, with the passage of time or the giving of required notices will or could constitute such an event of default, and (Ciii) subject to any required consent of lessor, each such Mutual Real Property Lease may be assigned to Bancorp and/or M&F Bank and the execution and delivery of this Agreement, or the consummation of the transactions described herein will not and Agreement does not constitute an event of default under such Mutual thereunder. To the best of the knowledge and belief of management of Twentieth Bancorp and the Bank, the Real Property Leases; andcomplies in all material respects with all applicable federal, state and local laws, regulations, ordinances or orders of any governmental authority, including those relating to zoning, building and use permits, and the Real Property may be used under applicable zoning ordinances for commercial purposes as a matter of right rather than as a conditional or nonconforming use. All improvements and fixtures included in or on the Real Property are in good condition and repair, ordinary wear and tear excepted, and there does not exist any condition which interferes (or will interfere after the Merger) with the use or affects the economic value thereof.

Real Properties. (a) Mutual Community has Previously Disclosed to Bancorp UCB a listing of all real property owned or leased by Mutual Community or its subsidiaries (including Mutual’s banking facilities and all other real estate or foreclosed properties, including improvements thereon, owned by Mutual) (collectively, the “Mutual "Real Property”") and all leases pertaining to any real property leased such Real Property to Mutual which Community or leased by Mutual to its subsidiaries is a third party (the “Mutual "Real Property Leases”"). With respect to each parcel of the Mutual all Real Property, Mutual Community or its subsidiaries has good and marketable fee simple title to the Mutual to, or a valid and subsisting leasehold interest in, such Real Property and owns the same free and clear of all mortgages, liens, leases, encumbrances, title defects and exceptions to title other than (i) the lien of current taxes not yet due and payable, and (ii) such imperfections of title and restrictions, covenants and easements (including utility easements) which do not materially affect the value of the Mutual Real Property or and which do not and will not materially detract from, interfere with or restrict the present or future use of the Mutual Real Property properties subject thereto or any future use consistent therewithaffected thereby. With respect to each Mutual Real Property Lease (Ai) such lease is valid and enforceable in accordance with its terms, (Bii) there currently exists no circumstance or condition which constitutes an event of default by Mutual Community or its subsidiaries (as lessor or lessee) or its respective lessor or which, with the passage of time or the giving of required notices will or could constitute such an event of default, and (Ciii) subject to any required consent of lessor, each such Mutual Real Property Lease may be assigned to Bancorp and/or M&F Bank and the execution and delivery of this Agreement, or the consummation of the transactions described herein will not and Agreement does not constitute an event of default under such Mutual any Real Property Leases; andLease. To the best knowledge and belief of management of Community, the Real Property complies with all applicable federal, state and local laws, regulations, ordinances or orders of any governmental authority, including those relating to zoning, building and use permits, except for such noncompliance as does not or would not have a Material Adverse Effect on Community and its subsidiaries, and the Real Property may be used under applicable zoning ordinances for commercial banking facilities as a matter of right rather than as a conditional or nonconforming use. All improvements and fixtures included in or on the Real Property are in good condition and repair, ordinary wear and tear excepted, and there does not exist any condition which materially adversely affects the economic value thereof or materially adversely interferes (or will interfere after the Merger) with the contemplated use thereof.

Real Properties. (a) Mutual has Previously Disclosed to Bancorp a listing of The BBI Disclosure Statement and/or the BBI Financial Statements lists all real property owned by Mutual Beckxxx, XXI and THC including improvements thereon (including Mutual’s banking Beckxxx'x xxxking facilities and all other real estate or foreclosed properties, properties including improvements thereon, thereon owned by MutualBeckxxx) (collectively, the “Mutual "Real Property”") and all leases pertaining to any real property leased such Real Property to Mutual which Beckxxx, XXI or leased by Mutual to THC is a third party (the “Mutual "Real Property Leases”"). With respect to each parcel of the Mutual all Real Property, Mutual Beckxxx, XXI or THC has good and marketable fee simple title to the Mutual such Real Property and owns the same free and clear of all mortgages, liens, leases, encumbrances, title defects and exceptions to title other than (i) the lien of current taxes not yet due and payable, and (ii) such imperfections of title and restrictions, covenants and easements (including utility easements) which do not materially affect the value of the Mutual Real Property or and which do not and will not materially detract from, interfere with or restrict the present or future use of the Mutual Real Property properties subject thereto or any future use consistent therewithaffected thereby. With respect to each Mutual Real Property Lease (Ai) such lease is valid and enforceable in accordance with its terms, (Bii) there currently exists no circumstance or condition which constitutes an event of default by Mutual (as Beckxxx, XXI or THC(as lessor or lessee) or its respective lessor or lessee which, with the passage of time or the giving of required notices will or could constitute such an event of default, and (Ciii) subject to any required consent of lessor, each such Mutual Real Property Lease may be assigned to Bancorp and/or M&F Bank and the execution and delivery of this Agreement, or the consummation of the transactions described herein will not and Agreement does not constitute an event of default under such Mutual thereunder. To the best of the knowledge and belief of management of Beckxxx xxx BBI, the Real Property Leases; andcomplies in all material respects with all applicable federal, state and local laws, regulations, ordinances or orders of any governmental authority, including those relating to zoning, building and use permits, and the Real Property may be used under applicable zoning ordinances for commercial purposes or its historical purpose as a matter of right rather than as a conditional or nonconforming use. Except as disclosed in the BBI Disclosure Statement, all improvements and fixtures included in or on the Real Property are in good condition and repair, ordinary wear and tear excepted, and there does not exist any condition which interferes (or will interfere after the Merger) with the use or affects the economic value thereof.

Real Properties. (a) Mutual United Federal has Previously Disclosed to Bancorp the Holding Company a listing of all real property owned or leased by Mutual United Federal (including Mutual’s United Federal's banking facilities and all other real estate or foreclosed properties, including improvements thereon, properties owned by MutualUnited Federal) (collectively, the “Mutual "Real Property”") and all leases leases, if any, pertaining to any real property leased such Real Property to Mutual or leased by Mutual to which United Federal is a third party (the “Mutual "Real Property Leases”"). With respect to each parcel of the Mutual all Real PropertyProperty owned by United Federal, Mutual United Federal has good and marketable fee simple title to the Mutual such Real Property and owns the same free and clear of all mortgages, liens, leases, encumbrances, title defects and exceptions to title other than (i) the lien of current taxes not yet due and payable, and (ii) such imperfections of title and restrictions, covenants and easements (including utility easements) which do not affect materially affect the value of the Mutual Real Property or and which do not and will not materially detract from, interfere with or restrict the present or future use of the Mutual Real Property properties subject thereto or any future use consistent therewithaffected thereby. With respect to each Mutual Real Property Lease (Ai) such lease is valid and enforceable in accordance with its terms, (Bii) there currently exists no circumstance or condition which constitutes an event of default by Mutual (as lessor or lessee) United Federal or its lessor or which, with the passage of time or the giving of required notices will or could constitute such an event of default, and (Ciii) subject to any required consent of the lessor, each such Mutual Real Property Lease may be assigned to Bancorp and/or M&F Bank Triangle and the execution and delivery of this Agreement, or the consummation of the transactions described herein will not and Agreement does not constitute an event of default under such Mutual thereunder. To the knowledge of management of United Federal, the Real Property Leases; complies in all material respects with all applicable federal, state and local laws, regulations, ordinances or orders of any governmental authority, including those relating to zoning, building and use permits, and the Real Property may be used under applicable zoning ordinances for commercial banking facilities as a matter of right rather than as a conditional or nonconforming use. All improvements and fixtures included in or on the Real Property are in good condition and repair, ordinary wear and tear excepted, and, except as may have been Previously Disclosed pursuant to Paragraph 2.21 below, there does not exist any condition which interferes with United Federal's use or affects the economic value thereof.