Common use of Third Party Servicer Clause in Contracts

Third Party Servicer. The Assuming Institution may perform any of its obligations and/or exercise any of its rights under this Single Family Shared-Loss Agreement through or by one or more Third Party Servicers, who may take actions and make expenditures as if any such Third Party Servicer was the Assuming Institution hereunder (and, for the avoidance of doubt, such expenses incurred by any such Third Party Servicer on behalf of the Assuming Institution shall be included in calculating Losses to the extent such expenses would be included in such calculation if the expenses were incurred by Assuming Institution); provided, however, that the use thereof by the Assuming Institution shall not release the Assuming Institution of any obligation or liability hereunder. Module 1 – Whole Bank w/ Loss Share – P&A 65 Turnberry Bank Version 2.07 Aventura, Florida June 10, 2010

Third Party Servicer. The Assuming Institution may perform any of its obligations and/or exercise any of its rights under this Single Family Shared-Loss Agreement through or by one or more Third Party Servicers, who may take actions and make expenditures as if any such Third Party Servicer was the Assuming Institution hereunder (and, for the avoidance of doubt, such expenses incurred by any such Third Party Servicer on behalf of the Assuming Institution shall be included in calculating Losses to the extent such expenses would be included in such calculation if the expenses were incurred by Assuming Institution); provided, however, that the use thereof by the Assuming Institution shall not release the Assuming Institution of any obligation or liability hereunder. Module 1 – Whole Bank w/ Loss Share – P&A 65 Turnberry 63 Metro Bank of Dade County Version 2.07 AventuraMiami, Florida June 10, 2010

Third Party Servicer. The Assuming Institution Bank may perform any of its obligations and/or exercise any of its rights under this Single Family Shared-Loss Agreement through or by one or more Third Party Servicers, who may take actions and make expenditures as if any such Third Party Servicer was the Assuming Institution Bank hereunder (and, for the avoidance of doubt, such expenses incurred by any such Third Party Servicer on behalf of the Assuming Institution Bank shall be included in calculating Losses to the extent such expenses would be included in such calculation if the expenses were incurred by Assuming InstitutionBank); provided, however, that the use thereof by the Assuming Institution Bank shall not release the Assuming Institution Bank of any obligation or liability hereunder. Module 1 – — Whole Bank w/ Loss Share – — P&A 65 Turnberry Florida Community Bank Version 2.07 Aventura1.12 Immokalee, Florida June 10FL November 17, 20102009