0000950144-07-001877 Sample Contracts

NON-COMPETITION AGREEMENT
Non-Competition Agreement • March 5th, 2007 • CapitalSouth Bancorp • State commercial banks • Alabama

THIS NON-COMPETITION AGREEMENT (this “Agreement”), made and entered into this 28th day of February, 2007, between CapitalSouth Bancorp, a Delaware corporation and a registered bank holding company (“CapitalSouth”), and Jake Bowen, a resident of Duval County, Florida (“Mr. Bowen”).

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LOCK-UP AGREEMENT
Lock-Up Agreement • March 5th, 2007 • CapitalSouth Bancorp • State commercial banks • Alabama

This LOCK-UP AGREEMENT (this “Agreement”) is made and entered into as of the 28th day of February, 2007, by and between the undersigned, a resident of the State of (the “Shareholder”), and CapitalSouth Bancorp, a Delaware corporation and a registered bank holding company (“CapitalSouth”).

AGREEMENT AND PLAN OF MERGER BY AND BETWEEN CAPITALSOUTH BANCORP AND MONTICELLO BANCSHARES, INC., JOINED IN BY JAKE BOWEN
Agreement and Plan of Merger • March 5th, 2007 • CapitalSouth Bancorp • State commercial banks • Alabama

This AGREEMENT AND PLAN OF MERGER, dated as of the 28th day of February, 2007 (this “Agreement”), is by and between CapitalSouth Bancorp, a Delaware corporation and a registered bank holding company (“CapitalSouth”), and Monticello Bancshares, Inc., a Florida corporation (“Monticello”), and is joined in by Mr. Jake Bowen, a resident of Duval County, Florida with respect to certain matters (“Mr. Bowen” and, collectively, the “Parties”).

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