0001193125-09-055562 Sample Contracts

409A Amendment to The East Carolina Bank Executive Supplemental Retirement Plan Executive Agreement for Gary M. Adams
Executive Supplemental Retirement Plan Executive Agreement • March 16th, 2009 • Ecb Bancorp Inc • State commercial banks

This Amendment is intended to bring the Agreement into compliance with the requirements of Internal Revenue Code Section 409A. Accordingly, the intent of the parties hereto is that the Agreement shall be operated and interpreted consistent with the requirements of Section 409A. Therefore, the following changes shall be made:

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409A Amendment to the East Carolina Bank Director Supplemental Retirement Plan Director Agreement for
Director Supplemental Retirement Plan Director Agreement • March 16th, 2009 • Ecb Bancorp Inc • State commercial banks

This Amendment is intended to bring the Agreement into compliance with the requirements of Internal Revenue Code Section 409A. Accordingly, the intent of the parties hereto is that the Agreement shall be operated and interpreted consistent with the requirements of Section 409A. Therefore, the following changes shall be made:

DIRECTOR SUPPLEMENTAL RETIREMENT PLAN DIRECTOR AGREEMENT
Director Supplemental Retirement Plan • March 16th, 2009 • Ecb Bancorp Inc • State commercial banks • North Carolina

THIS AGREEMENT is made and entered into this 21st day of October, 2005, by and between The East Carolina Bank, a bank organized and existing under the laws of the State of North Carolina (hereinafter referred to as the “Bank”), and , a Director of the Bank (hereinafter referred to as the “Director”).

409A Amendment to the East Carolina Bank Director Supplemental Retirement Plan Director Agreement for
Director Supplemental Retirement Plan Director Agreement • March 16th, 2009 • Ecb Bancorp Inc • State commercial banks

This Amendment is intended to bring the Agreement into compliance with the requirements of Internal Revenue Code Section 409A. Accordingly, the intent of the parties hereto is that the Agreement shall be operated and interpreted consistent with the requirements of Section 409A. In addition, the Amendment to the Director Supplemental Retirement Plan Agreement Dated October 21, 2005, entered into on October 16, 2006, is hereby revoked in its entirety. Therefore, the following changes shall be made:

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