Common use of Securities Portfolio and Investments Clause in Contracts

Securities Portfolio and Investments. EVBS has previously disclosed to FCB a listing of all securities owned, of record or beneficially, by EVBS or EVB as of December 31, 2008. All securities owned are held free and clear of all mortgages, liens, pledges, encumbrances, or any other restriction or rights of any other person or entity, whether contractual or statutory (other than customary pledges in the ordinary course of its business to secure public funds deposits or Federal Home Loan Bank borrowings or repurchase agreements entered into in the ordinary course of business), which would materially impair the ability of EVBS or EVB to dispose freely of any such security or otherwise to realize the benefits of ownership thereof at any time. There are no voting trusts or other agreements or undertakings to which EVBS or EVB is a party with respect to the voting of any such securities. With respect to all “repurchase agreements” under which EVBS or EVB has “sold” or “purchased” securities under agreement to repurchase, EVBS or EVB as applicable, has a valid, perfected first lien or security interest in the government securities or other collateral securing the repurchase agreement, and the value of the collateral securing each such repurchase agreement equals or exceeds the amount of the debt owed by EVBS or EVB, as the case may be, which is secured by such collateral. Since December 31, 2008, there has been no material deterioration or adverse change in the quality, or any material decrease in the value, of EVBS’s or EVB’s securities portfolio as a whole. Notwithstanding anything to the contrary herein, the parties acknowledge and agree that it shall not constitute a breach of the representations and warranties of EVBS hereunder if items disclosed as investments in unrealized loss positions that are temporarily impaired in the December 31, 2008 Financial Statements of EVBS become other than temporary impairments and the corresponding unrealized losses are realized.

Securities Portfolio and Investments. EVBS has previously disclosed Bancorp and M&F Bank have Previously Disclosed to FCB Mutual a listing of all securities owned, of record or beneficially, by EVBS or EVB Bancorp and M&F Bank as of December March 31, 20082007. All securities owned owned, of record or beneficially, by Bancorp and M&F Bank are held free and clear of all mortgages, liens, pledges, encumbrances, encumbrances or any other restriction or rights of any other person or entity, whether contractual or statutory (other than customary pledges in the ordinary course of its their business to secure public funds deposits or Federal Home Loan Bank borrowings or repurchase agreements entered into in the ordinary course of businessdeposits), which would materially impair the ability of EVBS Bancorp or EVB M&F Bank to dispose freely of any such security or otherwise to realize the benefits of ownership thereof at any time. There are no voting trusts or other agreements or undertakings to which EVBS Bancorp or EVB M&F Bank is a party with respect to the voting of any such securities. With respect to all “repurchase agreements” under which EVBS Bancorp or EVB M&F Bank has “sold” or “purchased” securities under agreement to repurchaseresell, EVBS Bancorp or EVB as applicable, M&F Bank has a valid, perfected first lien or security interest in the government securities or other collateral securing the repurchase agreement, and the value of the collateral securing each such repurchase agreement equals or exceeds the amount of the debt owed by EVBS to Bancorp or EVBM&F Bank, as the case may be, which is secured by such collateral. Since December March 31, 20082007, there has been no material deterioration or adverse change in the quality, or any material decrease in the value, of EVBS’s or EVB’s the securities portfolio of Bancorp and M&F Bank as a whole. Notwithstanding anything to the contrary herein, the parties acknowledge and agree that it shall not constitute a breach of the representations and warranties of EVBS hereunder if items disclosed except as investments in unrealized loss positions that are temporarily impaired resulting from changes in the December 31prevailing level of interest rates or other market fluctuations, 2008 Financial Statements outside the control of EVBS become other than temporary impairments Bancorp and the corresponding unrealized losses are realizedM&F Bank.

Securities Portfolio and Investments. EVBS Bank of Richmond has previously disclosed Previously Disclosed to FCB Financial Holdings a listing of all securities owned, of record or beneficially, by EVBS or EVB Bank of Richmond as of December 31September 30, 20082006. All securities owned are held free and clear of all mortgages, liens, pledges, encumbrances, or any other restriction or rights of any other person or entity, whether contractual or statutory (other than customary pledges in the ordinary course of its business to secure public funds deposits or Federal Home Loan Bank borrowings or repurchase agreements entered into in the ordinary course of business), which would materially impair the ability of EVBS or EVB Bank of Richmond to dispose freely of any such security or otherwise to realize the benefits of ownership thereof at any time. There are no voting trusts or other agreements or undertakings to which EVBS or EVB Bank of Richmond is a party with respect to the voting of any such securities. With respect to all “repurchase agreements” under which EVBS or EVB Bank of Richmond has “sold” or “purchased” securities under agreement to repurchase, EVBS or EVB as applicable, Bank of Richmond has a valid, perfected first lien or security interest in the government securities or other collateral securing the repurchase agreement, and the value of the collateral securing each such repurchase agreement equals or exceeds the amount of the debt owed by EVBS or EVBBank of Richmond, as the case may be, which is secured by such collateral. Since December 31Except for fluctuations in the market values of United States Treasury and agency securities, 2008municipal securities, or other debt securities since September 30, 2006, there has been no material deterioration or adverse change in the quality, or any material decrease in the value, of EVBS’s or EVBBank of Richmond’s securities portfolio as a whole. Notwithstanding anything to the contrary herein, the parties acknowledge and agree that it shall not constitute a breach of the representations and warranties of EVBS hereunder if items disclosed as investments in unrealized loss positions that are temporarily impaired in the December 31, 2008 Financial Statements of EVBS become other than temporary impairments and the corresponding unrealized losses are realized.

Securities Portfolio and Investments. EVBS has previously disclosed Main Street and Piedmont have Previously Disclosed to FCB Yadkin a listing of all securities owned, of record or beneficially, by EVBS or EVB Main Street and Piedmont as of December 31, 20082001. All securities owned owned, of record or beneficially, by Main Street and Piedmont are held free and clear of all mortgages, liens, pledges, encumbrances, encumbrances or any other restriction or rights of any other person or entity, whether contractual or statutory (other than customary pledges in the ordinary course of its their business to secure public funds deposits or Federal Home Loan Bank borrowings or repurchase agreements entered into in the ordinary course of businessdeposits), which would materially impair the ability of EVBS Main Street or EVB Piedmont to dispose freely of any such security or otherwise to realize the benefits of ownership thereof at any time. There are no voting trusts or other agreements or undertakings to which EVBS Main Street or EVB Piedmont is a party with respect to the voting of any such securities. With respect to all “"repurchase agreements” " under which EVBS Main Street or EVB Piedmont has “sold” or “"purchased” " securities under agreement to repurchaseresell, EVBS Main Street or EVB as applicable, Piedmont has a valid, perfected first lien or security interest in the government securities or other collateral securing the repurchase agreement, and the value of the collateral securing each such repurchase agreement equals or exceeds the amount of the debt owed by EVBS to Main Street or EVBPiedmont, as the case may be, which is secured by such collateral. Since December 31, 20082001, there has been no material deterioration or adverse change in the quality, or any material decrease in the value, of EVBS’s or EVB’s the securities portfolio of Main Street or that of Piedmont as a whole. Notwithstanding anything to the contrary herein, the parties acknowledge and agree that it shall not constitute a breach of the representations and warranties of EVBS hereunder if items disclosed as investments in unrealized loss positions that are temporarily impaired in the December 31, 2008 Financial Statements of EVBS become other than temporary impairments and the corresponding unrealized losses are realized.

Securities Portfolio and Investments. EVBS Village Financial has previously disclosed Previously Disclosed to FCB River City Bank a listing of all securities owned, of record or beneficially, by EVBS Village Financial or EVB Village Bank as of December January 31, 2008. All securities owned by Village Bank are held free and clear of all mortgages, liens, pledges, encumbrances, Liens or any other restriction or rights of any other person or entityPerson, whether contractual or statutory (other than customary pledges in the ordinary course of its business to secure public funds deposits or Federal Home Loan Bank borrowings or repurchase agreements entered into in the ordinary course of business), which would materially impair the ability of EVBS or EVB Village Bank to dispose freely of any such security or otherwise to realize the benefits of ownership thereof at any timetime and are classified as “available for sale” and, accordingly, have been marked to market. There are no voting trusts or other agreements or undertakings to which EVBS or EVB Village Bank is a party with respect to the voting of any such securities. With respect to all “repurchase agreements” under which EVBS or EVB Village Bank has “sold” or “purchased” securities under agreement to repurchase, EVBS or EVB as applicable, Village Bank has a valid, perfected first lien or security interest Lien in the government securities or other collateral securing the repurchase agreement, and the value of the collateral securing each such repurchase agreement equals or exceeds the amount of the debt owed by EVBS or EVBVillage Bank, as the case may be, which is secured by such collateral. Since December Except for fluctuations in the market values of United States Treasury and agency securities, municipal securities, or other debt securities since January 31, 2008, there has been no material deterioration or adverse change in the quality, or any material decrease in the value, of EVBS’s or EVBVillage Bank’s securities portfolio as a whole. Notwithstanding anything to the contrary herein, the parties acknowledge and agree that it shall not constitute a breach of the representations and warranties of EVBS hereunder if items disclosed as investments in unrealized loss positions that are temporarily impaired in the December 31, 2008 Financial Statements of EVBS become other than temporary impairments and the corresponding unrealized losses are realized.

Securities Portfolio and Investments. EVBS River City Bank has previously disclosed Previously Disclosed to FCB Village Financial a listing of all securities owned, of record or beneficially, by EVBS or EVB River City Bank as of December 31February 29, 2008. All securities owned are held free and clear of all mortgages, liens, pledges, encumbrances, Liens or any other restriction or rights of any other person or entityPerson, whether contractual or statutory (other than customary pledges in the ordinary course of its business to secure public funds deposits or Federal Home Loan Bank borrowings or repurchase agreements entered into in the ordinary course of business), which would materially impair the ability of EVBS or EVB River City Bank to dispose freely of any such security or otherwise to realize the benefits of ownership thereof at any timetime and are classified as “available for sale” and, accordingly, have been marked to market. There are no voting trusts or other agreements or undertakings to which EVBS or EVB River City Bank is a party with respect to the voting of any such securities. With respect to all “repurchase agreements” under which EVBS or EVB River City Bank has “sold” or “purchased” securities under agreement to repurchase, EVBS or EVB as applicable, River City Bank has a valid, perfected first lien or security interest Lien in the government securities or other collateral securing the repurchase agreement, and the value of the collateral securing each such repurchase agreement equals or exceeds the amount of the debt owed by EVBS or EVBRiver City Bank, as the case may be, which is secured by such collateral. Since December 31Except for fluctuations in the market values of United States Treasury and agency securities, municipal securities, or other debt securities since February 29, 2008, there has been no material deterioration or adverse change in the quality, or any material decrease in the value, of EVBS’s or EVBRiver City Bank’s securities portfolio as a whole. Notwithstanding anything to the contrary herein, the parties acknowledge and agree that it shall not constitute a breach of the representations and warranties of EVBS hereunder if items disclosed as investments in unrealized loss positions that are temporarily impaired in the December 31, 2008 Financial Statements of EVBS become other than temporary impairments and the corresponding unrealized losses are realized.

Securities Portfolio and Investments. EVBS First Savings has previously disclosed Previously ------------------------------------ Disclosed to FCB BancShares a listing of all securities owned, of record or beneficially, by EVBS it or EVB FSB as of December 31, 20081996. All securities owned owned, of record or beneficially, by First Savings and FSB are held free and clear of all mortgages, liens, pledges, encumbrances, encumbrances or any other restriction or rights of any other person or entity, whether contractual or statutory (other than customary pledges in the ordinary course of its FSB's business to secure public funds deposits or Federal Home Loan Bank borrowings or repurchase agreements entered into in the ordinary course of businessdeposits), which would materially impair the ability of EVBS First Savings or EVB FSB to dispose freely of any such security or and/or otherwise to realize the benefits of ownership thereof at any time. There are no voting trusts or other agreements or undertakings to which EVBS First Savings or EVB FSB is a party with respect to the voting of any such securities. With respect to all “"repurchase agreements” under " to which EVBS or EVB FSB has “sold” or “"purchased” " securities under agreement to repurchaseresell, EVBS or EVB as applicable, FSB has a valid, perfected first lien or security interest in the government securities or other collateral securing the repurchase agreement, and the value of the collateral securing each such repurchase agreement equals or exceeds the amount of the debt owed by EVBS or EVB, as the case may be, to FSB which is secured by such collateral. Since Except for fluctuations in the market values of United States Treasury and agency or municipal securities, since December 31, 20081996, there has been no material deterioration or adverse change in the quality, or any material decrease in the value, of EVBS’s First Savings' or EVB’s FSB's securities portfolio as a whole. Notwithstanding anything to the contrary herein, the parties acknowledge and agree that it shall not constitute a breach of the representations and warranties of EVBS hereunder if items disclosed as investments in unrealized loss positions that are temporarily impaired in the December 31, 2008 Financial Statements of EVBS become other than temporary impairments and the corresponding unrealized losses are realized.