0001193125-09-038370 Sample Contracts

Written Agreement by and between CAPE FEAR BANK CORPORATION Wilmington, North Carolina and FEDERAL RESERVE BANK OF RICHMOND Richmond, Virginia Docket No. 09-019-WA/RB-HC
Written Agreement • February 26th, 2009 • Cape Fear Bank CORP • National commercial banks

WHEREAS, Cape Fear Bank Corporation, Wilmington, North Carolina (“Bank Corp”), a registered bank holding company, owns and controls Cape Fear Bank, Wilmington, North Carolina (the “Bank”), a state chartered nonmember bank, and a nonbank subsidiary;

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FEDERAL DEPOSIT INSURANCE CORPORATION WASHINGTON, D.C.
Stipulation and Consent Agreement • February 26th, 2009 • Cape Fear Bank CORP • National commercial banks

Subject to the acceptance of this STIPULATION AND CONSENT TO THE ISSUANCE OF AN ORDER TO CEASE AND DESIST (“CONSENT AGREEMENT”) by the Federal Deposit Insurance Corporation (“FDIC”), it is hereby stipulated and agreed by and between a representative of the Legal Division of the FDIC, the North Carolina Commissioner of Banks (the “Commissioner”), and CAPE FEAR BANK, Wilmington, North Carolina (“Bank”), through its board of directors, as follows.

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