0001193125-13-129087 Sample Contracts

VOTING AGREEMENT
Voting Agreement • March 27th, 2013 • Bank of the Ozarks Inc • State commercial banks • Arkansas

This VOTING AGREEMENT (this “Agreement”) is dated as of , 2013, by and between the undersigned holder (“Shareholder”) of Common Stock, $10.00 par value per share, of First National Bank of Shelby, a national banking association with its principal office in Shelby, North Carolina (“FNB”), and Bank of the Ozarks, Inc., an Arkansas corporation (“Buyer”). All capitalized terms used but not defined herein shall have the meanings assigned to them in the Merger Agreement (defined below).

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AGREEMENT OF PURCHASE AND SALE between BANK OF THE OZARKS as Purchaser and SHELBY LOAN AND MORTGAGE CORPORATION AND SLMC, LLC Collectively as Sellers Dated January 24, 2013
Purchase and Sale Agreement • March 27th, 2013 • Bank of the Ozarks Inc • State commercial banks • North Carolina

This AGREEMENT OF PURCHASE AND SALE (this “Agreement”) is made and entered into as of the 24th day of January, 2013 (the “Effective Date”) by and between BANK OF THE OZARKS, an Arkansas state banking corporation (“Purchaser”) and SHELBY LOAN AND MORTGAGE CORPORATION, a North Carolina corporation (“Shelby Loan and Mortgage”) and SMLC, LLC, a North Carolina limited liability company (“SLMC”).

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