0001104659-06-065220 Sample Contracts

CHANGE OF CONTROL AGREEMENT
Change of Control Agreement • October 5th, 2006 • Netbank Inc • Savings institutions, not federally chartered • Georgia

The Board of Directors of NBI (the “Board”) has determined that it is in the best interests of NBI and its shareholders to assure that the Company (as defined below) will have the continued dedication of the Executive, notwithstanding the possibility, threat or occurrence of a Change of Control (as defined below) of NBI. The Board believes it is imperative to diminish the inevitable distraction of the Executive by virtue of the personal uncertainties and risks created by a pending or threatened Change of Control and to encourage the Executive’s full attention and dedication to the Company currently and in the event of any threatened or pending Change of Control. Therefore, in order to accomplish these objectives, the Board has caused NBI to enter into this Agreement.

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SEPARATION AGREEMENT AND GENERAL RELEASE
Separation Agreement • October 5th, 2006 • Netbank Inc • Savings institutions, not federally chartered • Florida

This Separation Agreement and General Release (this “Agreement”) is made and entered into as of October 3, 2006, by and between Douglas K. Freeman (“Executive”) and NetBank, Inc., a Georgia corporation (the “Company”).

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