January 1, 2011 Uses in Trust Business; Administration of Fiduciary Accounts Clause

Trust Business; Administration of Fiduciary Accounts from Agreement and Plan of Merger

THIS AGREEMENT AND PLAN OF MERGER (this "Agreement") is made and entered into as of this 13th day of November, 2015, by and between HIGH POINT BANK CORPORATION, a Delaware corporation ("HPBC" and, unless the context otherwise requires, the term "HPBC" shall include HPBC and its wholly-owned subsidiary bank, HIGH POINT BANK AND TRUST COMPANY, a North Carolina bank (the "Bank")), and BNC BANCORP, a North Carolina corporation ("BNC").

Trust Business; Administration of Fiduciary Accounts. Each of HPBC and the Bank has properly administered all accounts for which it acts as a fiduciary, including accounts for which it serves as a trustee, agent, custodian, personal representative, guardian, conservator or investment advisor, in all material respects in accordance with the terms of the governing documents and applicable laws. Neither HPBC nor the Bank, nor any of their respective directors, officers or employees, has committed any breach of trust with respect to any fiduciary account and the records for each such fiduciary account are true and correct and accurately reflect the assets of such fiduciary account.