Common use of Fees and Expenses of Arbiters Clause in Contracts

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Exhibit 1 Monthly Certificate SEE FOLLOWING PAGE CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 Shared-Loss Period Ended: (Dollars) Calculation of Amount Due from (to) FDIC FDIC % Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 3. Cumulative loss from commercial and other pool 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 FDIC % Share x 0% x 80%

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Exhibit 1 Monthly Certificate SEE FOLLOWING PAGE CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 Shared-Loss Period Ended: (Dollars) Calculation of Amount Due from (to) FDIC FDIC % Share 0% 80% Total FDIC % Share Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 3. Cumulative loss from commercial and other pool 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 FDIC % Share x 00 % x 8080 %

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Exhibit 1 Monthly Certificate SEE FOLLOWING PAGE CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 Shared-Loss Period Ended: (Dollars) Calculation of Amount Due from (to) FDIC FDIC % Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 3. Cumulative loss from commercial and other pool 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 FDIC % Share x 0% x 80%

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Exhibit 1 -- Monthly Certificate SEE FOLLOWING PAGE CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 Shared-Loss Period Ended: (Dollars) Calculation of Amount Due from (to) FDIC FDIC % Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 3. Cumulative loss from commercial and other pool 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 FDIC % Share x 0% x 80%

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Exhibit 1 Monthly Certificate SEE FOLLOWING PAGE CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 Shared-Loss Period Ended: (Dollars) Calculation of Amount Due from (to) FDIC FDIC % Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 3. Cumulative loss from commercial and other pool ool 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 FDIC % Share x 0% x 80%

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Exhibit 1 Monthly Certificate [SEE FOLLOWING PAGE PAGE] CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 Shared-Loss Period Ended: (Dollars) Calculation of Amount Due from (to) FDIC FDIC % Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 3. Cumulative loss from commercial and other pool 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 FDIC % Share x 0% x 80%

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Exhibit 1 Monthly Certificate SEE FOLLOWING PAGE CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 Shared-Loss Period Ended: (Dollars) Calculation of Amount Due from (to) FDIC FDIC % Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 3. Cumulative loss from commercial and other pool 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 6. Cumulative loss at end of period 0 0 0 FDIC % Share x 0× 0 % x 80× 80 %

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Exhibit 1 Monthly Certificate SEE FOLLOWING PAGE CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 Shared-Loss Period Ended: (Dollars) Calculation of Amount Due from (to) FDIC FDIC % Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 3. Cumulative loss from commercial and other pool 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 FDIC % Share x 00 % x 8080 %

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Exhibit 1 Monthly Certificate SEE FOLLOWING PAGE CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 Shared-Loss Period Ended: (Dollars) Calculation of Amount Due from (to) FDIC FDIC % Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 3. Cumulative loss from commercial and other pool 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 FDIC % Share x 00 % x 8080 %

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Exhibit 1 Monthly Certificate SEE FOLLOWING PAGE CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 Shared-Loss Period Ended: (Dollars) Calculation of Amount Due from (to) FDIC FDIC % Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 3. Cumulative loss from commercial and other pool 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 6. Cumulative loss at end of period 0 0 0 FDIC % Share x 0% x 80%

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Exhibit 1 Monthly Certificate SEE FOLLOWING PAGE CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 Shared-Loss Period Ended: _____________________ (Dollars) Calculation of Amount Due from (to) FDIC FDIC % Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 3. Cumulative loss from commercial and other pool 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 — 0 FDIC % Share x 00 % x 8080 %

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Exhibit 1 Monthly Certificate SEE FOLLOWING PAGE CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - — RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 Shared-Loss Period Ended: (Dollars) Calculation of Amount Due from (to) FDIC FDIC % Share 0% 80% Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 3. Cumulative loss from commercial and other pool 0 0 — 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 — 0 6. Cumulative loss at end of period 0 0 0 FDIC % Share x 00 % x 8080 %

Fees and Expenses of Arbiters. The aggregate fees and expenses of the arbiters shall be borne equally by the parties. The parties shall pay the aggregate fees and expenses within thirty (30) days after receipt of the written decision of the arbiters (unless the arbiters agree in writing on some other payment schedule). Exhibit 1 Monthly Certificate SEE FOLLOWING PAGE CERTIFICATE MONTHLY SUMMARY FOR SINGLE FAMILY ASSETS FDIC - FDIC—RECEIVER FOR XXXXXXX BANK PURCHASE AND ASSUMPTION AGREEMENT DATED: Jan 1, 2009 Shared-Loss Period Ended: (Dollars) Calculation of Amount Due from (to) FDIC FDIC % Share 00 % 8080 % Total Carry forward from other types of assets: 2. Cumulative losses from securities 0 0 0 3. Cumulative loss from commercial and other pool 0 0 0 4. Total cumulative losses at beg of period 0 0 0 5. Covered single family losses (gains) during period 0 0 0 FDIC % Share x 00 % x 8080 %