Common use of Securities Portfolio and Investments Clause in Contracts

Securities Portfolio and Investments. CNB has Previously Disclosed to MFC a listing of all securities owned, of record or beneficially, by CNB or Community as of June 1, 2002. All securities owned, of record or beneficially, by CNB or Community are held free and clear of all mortgages, liens, pledges, encumbrances or any other restriction or rights of any other person or entity, whether contractual or statutory (other than customary pledges in the ordinary course of CNB's and Community's business to secure public funds deposits), which would materially impair the ability of CNB or Community to dispose freely of any such security and/or otherwise to realize the benefits of ownership thereof at any time. There are no voting trusts or other agreements or undertakings to which either CNB or Community is a party with respect to the voting of any such securities. With respect to all "repurchase agreements" under which CNB or Community has "purchased" securities under agreement to resell, CNB or Community has a valid, perfected first lien or security interest in the government securities or other collateral securing the repurchase agreement, and the value of the collateral securing each such repurchase agreement equals or exceeds the amount of the debt owed to it which is secured by such collateral. Since December 31, 2001, there has been no material deterioration or adverse change in the quality, or any material decrease in the value, of CNB's or Community's securities portfolio as a whole.

Securities Portfolio and Investments. CNB has Previously Disclosed to MFC a listing of all securities owned, of record or beneficially, by CNB or Community as of June 1, 2002. All securities owned, of record or beneficially, by CNB Cardinal or Community Xxxxx as of the date hereof are held free and clear of all mortgages, liens, pledges, encumbrances or any other restriction or rights of any other person or entity, whether contractual or statutory (other than customary pledges in the ordinary course of CNBCardinal's and Community's Xxxxx'x business to secure public funds depositsdeposits and restrictions imposed by and the rights of the issuers of such securities), which would materially impair the ability of CNB Cardinal or Community Xxxxx to dispose freely of any such security and/or otherwise to realize the benefits of ownership thereof at any time. There are no voting trusts or other agreements or undertakings to which either CNB Cardinal or Community Xxxxx is a party with respect to the voting of any such securities. With respect to all "repurchase agreements" under which CNB Cardinal or Community Xxxxx has "purchased" securities under agreement to resell, CNB Cardinal or Community Xxxxx has a valid, perfected first lien or security interest in the government securities or other collateral securing the repurchase agreement, and the value of the collateral securing each such repurchase agreement equals or exceeds the amount of the debt owed to it which is secured by such collateral. Since December 31, 2001, there has been no material deterioration or adverse change in the quality, or any material decrease in the value, of CNBCardinal's or Community's Xxxxx'x securities portfolio as a whole.

Securities Portfolio and Investments. CNB SFC has Previously Disclosed to MFC FCB a listing of all securities owned, of record or beneficially, by CNB or Community each of the SFC Companies as of June 1, 2002the last day of the calendar year immediately preceding the date of this Agreement. All securities owned, owned by each of record or beneficially, by CNB or Community the SFC Companies are held free and clear of all mortgages, liens, pledges, encumbrances or any other restriction or rights of any other person or entity, whether contractual or statutory (other than with the exception of customary pledges or sales of securities by SNB in the ordinary course of CNB's and Community's its business to secure public funds depositsdeposits or in connection with “repurchase agreements” entered into by it with its customers), which would materially impair the ability of CNB or Community any of the SFC Companies to dispose freely of any such security and/or otherwise to realize the benefits of ownership thereof at any time. There are no voting trusts or other agreements or undertakings to which either CNB or Community is any of the SFC Companies are a party with respect to the voting of any such securities. With respect to all "“repurchase agreements" ” under which CNB or Community any of the SFC Companies has "“purchased" ” securities under agreement to resell, CNB or Community it has a validvalid and, perfected to the Best Knowledge of SFC, perfected, first lien or security interest in the government securities or other collateral securing the repurchase agreement, and the value of the collateral securing each such repurchase agreement equals or exceeds the amount of the debt owed to it which is secured by such collateral. Since December 31, 20012004, there has been no material deterioration or adverse change in the quality, or any material decrease in the value, of CNB's or Community's any of the SFC Companies’ securities portfolio portfolios as a whole.

Securities Portfolio and Investments. CNB Community Bank has Previously Disclosed to MFC Financial Corporation a listing of all securities owned, of record or beneficially, by CNB or Community Bank as of June 1March 31, 20022003. All securities owned, of record or beneficially, by CNB or Community owned are held free and clear of all mortgages, liens, pledges, encumbrances encumbrances, or any other restriction or rights of any other person or entity, whether contractual or statutory (other than customary pledges in the ordinary course of CNB's and Community's its business to secure public funds depositsdeposits or Federal Home Loan Bank borrowings or repurchase agreements entered into in the ordinary course of business), which would materially impair the ability of CNB or Community Bank to dispose freely of any such security and/or or otherwise to realize the benefits of ownership thereof at any time. There are no voting trusts or other agreements or undertakings to which either CNB or Community Bank is a party with respect to the voting of any such securities. With respect to all "repurchase agreements" under which CNB or Community Bank has "purchasedsold" securities under agreement to resellrepurchase, CNB or Community Bank has a valid, perfected first lien or security interest in the government securities or other collateral securing the repurchase agreement, and the value of the collateral securing each such repurchase agreement equals or exceeds the amount of the debt owed to it by Community Bank, as the case may be, which is secured by such collateral. Since December Except for fluctuations in the market values of United States Treasury and agency securities, municipal securities, or other debt securities since March 31, 20012003, there has been no material deterioration or adverse change in the quality, or any material decrease in the value, of CNB's or CommunityCommunity Bank's securities portfolio as a whole.

Securities Portfolio and Investments. CNB SFC has Previously Disclosed to MFC FCB a listing of all securities owned, of record or beneficially, by CNB or Community each of the SFC Companies as of June 1, 2002the last day of the calendar year immediately preceding the date of this Agreement. All securities owned, owned by each of record or beneficially, by CNB or Community the SFC Companies are held free and clear of all mortgages, liens, pledges, encumbrances or any other restriction or rights of any other person or entity, whether contractual or statutory (other than with the exception of customary pledges or sales of securities by SNB in the ordinary course of CNB's and Community's its business to secure public funds depositsdeposits or in connection with “repurchase agreements” entered into by it with its customers), which would materially impair the ability of CNB or Community any of the SFC Companies to dispose freely of any such security and/or otherwise to realize the benefits of ownership thereof at any time. There are no voting trusts or other agreements or undertakings to which either CNB or Community is any of the SFC Companies are a party with respect to the voting of any such securities. With respect to all "“repurchase agreements" ” under which CNB or Community any of the SFC Companies has "“purchased" ” securities under agreement to resell, CNB or Community it has a validvalid and, perfected to the Best Knowledge of SFC, perfected, first lien or security interest in the government securities or other collateral securing the repurchase agreement, and the value of the collateral securing each such repurchase agreement equals or exceeds the amount of the debt owed to it which is secured by such collateral. Since December 31, 20012004, there has been no material deterioration or adverse change in the quality, or any material decrease in the value, of CNB's or Community's any of the SFC Companies’ securities portfolio portfolios as a whole. 3.19.

Securities Portfolio and Investments. CNB has BNC and the Bank have Previously Disclosed to MFC SSB a listing of all securities owned, of record or beneficially, by CNB or Community BNC and the Bank as of June 1September 30, 20022005. All securities owned, of record or beneficially, by CNB or Community BNC and the Bank are held free and clear of all mortgages, liens, pledges, encumbrances or any other restriction or rights of any other person or entity, whether contractual or statutory (other than customary pledges in the ordinary course of CNB's and Community's their business to secure public funds deposits), which would materially impair the ability of CNB BNC or Community the Bank to dispose freely of any such security and/or or otherwise to realize the benefits of ownership thereof at any time. There are no voting trusts or other agreements or undertakings to which either CNB BNC or Community the Bank is a party with respect to the voting of any such securities. With respect to all "“repurchase agreements" ” under which CNB BNC or Community the Bank has "“purchased" ” securities under agreement to resell, CNB BNC or Community the Bank has a valid, perfected first lien or security interest in the government securities or other collateral securing the repurchase agreement, and the value of the collateral securing each such repurchase agreement equals or exceeds the amount of the debt owed to it BNC or the Bank, as the case may be, which is secured by such collateral. Since December 31September 30, 20012005, there has been no material deterioration or adverse change in the quality, or any material decrease in the value, of CNB's or Community's the securities portfolio of BNC or that of the Bank considered as a wholeone enterprise.