Common use of ASSUMPTION OF CERTAIN DUTIES AND OBLIGATIONS Clause in Contracts

ASSUMPTION OF CERTAIN DUTIES AND OBLIGATIONS. 16 4.1 Continuation of Banking Business 16 4.2 Agreement with Respect to Credit Card Business 17 4.3 Agreement with Respect to Safe Deposit Business 17 4.4 Agreement with Respect to Safekeeping Business 17 4.5 Agreement with Respect to Trust Business 18 4.6 Agreement with Respect to Bank Premises 18 4.7 Agreement with Respect to Data Processing Equipment and Leases 22 4.8 Agreement with Respect to Certain Existing Agreements 22 4.9 Informational Tax Reporting 23 4.10 Insurance 23 4.11 Office Space for Receiver and Corporation 24 4.12 Agreement with Respect to Continuation of Group Health Plan Coverage for Former Employees of the Failed Bank 24 4.13 Agreement with Respect to Interim Asset Servicing 25 4.14 Reserved 25 4.15 Agreement with Respect to Loss Sharing 25 ARTICLE V DUTIES WITH RESPECT TO DEPOSITORS OF THE FAILED BANK 25 5.1 Payment of Checks, Drafts and Orders 25 5.2 Certain Agreements Related to Deposits 26 5.3 Notice to Depositors 26 Module 1 – Whole Bank w/ Loss Share – P&A i Metro Bank of Dade County Version 2.07 Miami, Florida June 10, 2010 ARTICLE VI RECORDS 26 6.1 Transfer of Records 26 6.2 Delivery of Assigned Records 27 6.3 Preservation of Records 27 6.4 Access to Records; Copies 27 ARTICLE VII BID; INITIAL PAYMENT 27

ASSUMPTION OF CERTAIN DUTIES AND OBLIGATIONS. 16 4.1 Continuation of Banking Business 16 4.2 Agreement with Respect to Credit Card Business 17 4.3 Agreement with Respect to Safe Deposit Business 17 4.4 Agreement with Respect to Safekeeping Business 17 4.5 Agreement with Respect to Trust Business 18 17 4.6 Agreement with Respect to Bank Premises 18 4.7 Agreement with Respect to Data Processing Equipment and Leases 22 21 4.8 Agreement with Respect to Certain Existing Agreements 22 4.9 Informational Tax Reporting 23 4.10 Insurance 23 4.11 Office Space for Receiver and Corporation 24 23 4.12 Agreement with Respect to Continuation of Group Health Plan Coverage for Former Employees of the Failed Bank 24 4.13 Agreement with Respect to Interim Asset Servicing 25 4.14 Reserved 25 4.15 Agreement with Respect to Loss Sharing 25 ARTICLE V DUTIES WITH RESPECT TO DEPOSITORS OF THE FAILED BANK 25 5.1 Payment of Checks, Drafts and Orders 25 5.2 Certain Agreements Related to Deposits 26 25 5.3 Notice to Depositors 26 25 Module 1 – Whole Bank w/ Loss Share – P&A i Metro First National Bank of Dade County the South Version 2.07 MiamiSpartanburg, Florida South Carolina June 10, 2010 ARTICLE VI RECORDS 26 6.1 Transfer of Records 26 6.2 Delivery of Assigned Records 27 26 6.3 Preservation of Records 27 26 6.4 Access to Records; Copies 27 ARTICLE VII BID; INITIAL PAYMENT 27

ASSUMPTION OF CERTAIN DUTIES AND OBLIGATIONS. 16 17 4.1 Continuation of Banking Business 16 17 4.2 Agreement with Respect to Credit Card Business 17 4.3 Agreement with Respect to Safe Deposit Business 17 4.4 Agreement with Respect to Safekeeping Business 17 18 4.5 Agreement with Respect to Trust Business 18 4.6 Agreement with Respect to Bank Premises 18 19 4.7 Agreement with Respect to Data Processing Equipment and Leases 22 4.8 Agreement with Respect to Certain Existing Agreements 22 23 4.9 Informational Tax Reporting 23 24 4.10 Insurance 23 24 4.11 Office Space for Receiver and Corporation 24 4.12 Agreement with Respect to Continuation of Group Health Plan Coverage for Former Employees of the Failed Bank 24 25 4.13 Agreement with Respect to Interim Asset Servicing 25 26 4.14 Reserved 25 26 4.15 Agreement with Respect to Loss Sharing 25 26 ARTICLE V DUTIES WITH RESPECT TO DEPOSITORS OF THE FAILED BANK 25 26 5.1 Payment of Checks, Drafts and Orders 25 26 5.2 Certain Agreements Related to Deposits 26 5.3 Notice to Depositors 26 27 Module 1 – Whole Bank w/ Loss Share – P&A i Metro Turnberry Bank of Dade County Version 2.07 MiamiAventura, Florida June 10, 2010 ARTICLE VI RECORDS 26 27 6.1 Transfer of Records 26 27 6.2 Delivery of Assigned Records 27 6.3 Preservation of Records 27 6.4 Access to Records; Copies 27 28 ARTICLE VII BID; INITIAL PAYMENT 2728

ASSUMPTION OF CERTAIN DUTIES AND OBLIGATIONS. 16 4.1 Continuation of Banking Business 16 4.2 Agreement with Respect to Credit Card Business 17 4.3 Agreement with Respect to Safe Deposit Business 17 4.4 Agreement with Respect to Safekeeping Business 17 4.5 Agreement with Respect to Trust Business 18 17 4.6 Agreement with Respect to Bank Premises 18 4.7 Agreement with Respect to Leased Data Processing Equipment and Leases 22 21 4.8 Agreement with Respect to Certain Existing Agreements 22 21 4.9 Informational Tax Reporting 23 22 4.10 Insurance 23 22 4.11 Office Space for Receiver and Corporation 24 22 4.12 Agreement with Respect to Continuation of Group Health Plan Coverage for Former Employees of the Failed Bank 24 23 4.13 Agreement with Respect to Interim Asset Servicing 25 24 4.14 Reserved 25 24 4.15 Agreement with Respect to Loss Sharing 25 24 Module 1 – Whole Bank w/ Loss Share – P&A Version 1.12 November 17, 0000 xx Xxxxxxxx Xxxxxxx Xxxx, X.X. Xxxxx, XX ARTICLE V DUTIES WITH RESPECT TO DEPOSITORS OF THE FAILED BANK 25 24 5.1 Payment of Checks, Drafts and Orders 25 24 5.2 Certain Agreements Related to Deposits 26 25 5.3 Notice to Depositors 26 Module 1 – Whole Bank w/ Loss Share – P&A i Metro Bank of Dade County Version 2.07 Miami, Florida June 10, 2010 25 ARTICLE VI RECORDS 26 25 6.1 Transfer of Records 26 25 6.2 Delivery of Assigned Records 27 26 6.3 Preservation of Records 27 26 6.4 Access to Records; Copies 27 ARTICLE VII BID; INITIAL PAYMENT 2726

ASSUMPTION OF CERTAIN DUTIES AND OBLIGATIONS. 16 4.1 Continuation of Banking Business 16 4.2 Agreement with Respect to Credit Card Business 17 4.3 16 Agreement with Respect to Safe Deposit Business 17 4.4 16 Agreement with Respect to Safekeeping Business 17 4.5 16 Agreement with Respect to Trust Business 18 4.6 17 Agreement with Respect to Bank Premises 18 4.7 17 Agreement with Respect to Leased Data Processing Equipment and Leases 22 4.8 20 Agreement with Respect to Certain Existing Agreements 22 4.9 21 Informational Tax Reporting 23 4.10 22 Insurance 23 4.11 22 Office Space for Receiver and Corporation 24 4.12 22 Agreement with Respect to Continuation of Group Health Plan Coverage for Former Employees of the Failed Bank 24 4.13 23 Agreement with Respect to Interim Asset Servicing 25 4.14 23 Reserved 25 4.15 23 Agreement with Respect to Loss Loss-Sharing 25 23 Agreement with Respect to Related Institutions 23 ARTICLE V 5.2 5.3 ARTICLE VI 6.1 6.2 6.3 6.4 ARTICLE VII ARTICLE VIII 8.1 8.2 8.3 8.4 8.5 ARTICLE IX 9.1 9.2 9.3 9.4 9.5 9.6 9.7 ARTICLE X ARTICLE XI ARTICLE XII 12.1 12.2 12.3 12.4 12.5 DUTIES WITH RESPECT TO DEPOSITORS OF THE FAILED BANK 25 5.1 24 Payment of Checks, Drafts and Orders 25 5.2 24 Certain Agreements Related to Deposits 26 5.3 24 Notice to Depositors 26 Module 1 – Whole Bank w/ Loss Share – P&A i Metro Bank of Dade County Version 2.07 Miami, Florida June 10, 2010 ARTICLE VI 24 RECORDS 26 6.1 25 Transfer of Records 26 6.2 25 Delivery of Assigned Records 27 6.3 26 Preservation of Records 27 6.4 26 Access to Records; Copies 27 ARTICLE VII BID; INITIAL PAYMENT 2726

ASSUMPTION OF CERTAIN DUTIES AND OBLIGATIONS. 16 4.1 Continuation of Banking Business 16 4.2 Agreement with Respect to Credit Card Business 17 4.3 Agreement with Respect to Safe Deposit Business 17 4.4 Agreement with Respect to Safekeeping Business 17 4.5 Agreement with Respect to Trust Business 18 4.6 17 Agreement with Respect to Bank Premises 18 4.7 Agreement with Respect to Leased Data Processing Equipment and Leases 22 4.8 21 Agreement with Respect to Certain Existing Agreements 22 4.9 21 Informational Tax Reporting 23 4.10 22 Insurance 23 4.11 22 Office Space for Receiver and Corporation 24 4.12 22 Agreement with Respect to Continuation of Group Health Plan Coverage for Former Employees of the Failed Bank 24 4.13 23 Agreement with Respect to Interim Asset Servicing 25 4.14 24 Reserved 25 4.15 24 Agreement with Respect to Loss Sharing 25 24 ARTICLE V 5.2 5.3 ARTICLE VI 6.1 6.2 6.3 6.4 ARTICLE VII ARTICLE VIII 8.1 8.2 8.3 8.4 8.5 ARTICLE IX 9.1 9.2 9.3 9.4 9.5 9.6 9.7 ARTICLE X ARTICLE XI ARTICLE XII 12.1 12.2 12.3 12.4 12.5 DUTIES WITH RESPECT TO DEPOSITORS OF THE FAILED BANK 25 5.1 24 Payment of Checks, Drafts and Orders 25 5.2 24 Certain Agreements Related to Deposits 26 5.3 25 Notice to Depositors 26 Module 1 – Whole Bank w/ Loss Share – P&A i Metro Bank of Dade County Version 2.07 Miami, Florida June 10, 2010 ARTICLE VI 25 RECORDS 26 6.1 25 Transfer of Records 26 6.2 25 Delivery of Assigned Records 27 6.3 26 Preservation of Records 27 6.4 26 Access to Records; Copies 27 ARTICLE VII BID; INITIAL PAYMENT 2726

ASSUMPTION OF CERTAIN DUTIES AND OBLIGATIONS. 16 17 4.1 Continuation of Banking Business 16 17 4.2 Agreement with Respect to Credit Card Business 17 18 4.3 Agreement with Respect to Safe Deposit Business 17 18 4.4 Agreement with Respect to Safekeeping Business 17 18 4.5 Agreement with Respect to Trust Business 18 19 4.6 Agreement with Respect to Bank Premises 18 19 4.7 Agreement with Respect to Leased Data Processing Equipment and Leases 22 23 4.8 Agreement with Respect to Certain Existing Agreements 22 24 4.9 Informational Tax Reporting 23 24 4.10 Insurance 23 24 4.11 Office Space for Receiver and Corporation 24 25 4.12 Agreement with Respect to Continuation of Group Health Plan Coverage for Former Employees of the Failed Bank 24 25 4.13 Agreement with Respect to Interim Asset Servicing 25 26 4.14 Reserved 25 26 4.15 Agreement with Respect to Loss Sharing 25 26 ARTICLE V DUTIES WITH RESPECT TO DEPOSITORS OF THE FAILED BANK 25 28 5.1 Payment of Checks, Drafts and Orders 25 28 5.2 Certain Agreements Related to Deposits 26 28 5.3 Notice to Depositors 26 Module 1 – Whole Bank w/ Loss Share – P&A i Metro Bank of Dade County Version 2.07 Miami, Florida June 10, 2010 28 ARTICLE VI RECORDS 26 29 6.1 Transfer of Records 26 29 6.2 Delivery of Assigned Records 27 29 6.3 Preservation of Records 27 29 6.4 Access to Records; Copies 27 29 ARTICLE VII BID; INITIAL PAYMENT 2730

ASSUMPTION OF CERTAIN DUTIES AND OBLIGATIONS. 16 17 4.1 Continuation of Banking Business 16 17 4.2 Agreement with Respect to Credit Card Business 17 18 4.3 Agreement with Respect to Safe Deposit Business 17 18 4.4 Agreement with Respect to Safekeeping Business 17 18 4.5 Agreement with Respect to Trust Business 18 19 4.6 Agreement with Respect to Bank Premises 18 19 4.7 Agreement with Respect to Data Processing Equipment and Leases 22 23 4.8 Agreement with Respect to Certain Existing Agreements 22 24 4.9 Informational Tax Reporting 23 24 4.10 Insurance 23 25 4.11 Office Space for Receiver and Corporation 24 25 4.12 Agreement with Respect to Continuation of Group Health Plan Coverage for Former Employees of the Failed Bank 24 26 4.13 Agreement with Respect to Interim Asset Servicing 25 27 4.14 Reserved 25 27 4.15 Agreement with Respect to Loss Sharing 25 27 ARTICLE V DUTIES WITH RESPECT TO DEPOSITORS OF THE FAILED BANK 25 27 5.1 Payment of Checks, Drafts and Orders 25 27 Module 1 - Whole Bank w/ Loss Share - P&A Version 2.09A August 17, 0000 Xxxxxxxxx Xxxx Xxxxxxxx Xxxx, Xxxxxx 5.2 Certain Agreements Related to Deposits 26 28 5.3 Notice to Depositors 26 Module 1 – Whole Bank w/ Loss Share – P&A i Metro Bank of Dade County Version 2.07 Miami, Florida June 10, 2010 28 ARTICLE VI RECORDS 26 28 6.1 Transfer of Records 26 28 6.2 Delivery of Assigned Records 27 29 6.3 Preservation of Records 27 29 6.4 Access to Records; Copies 27 29 ARTICLE VII BID; INITIAL PAYMENT 2730

ASSUMPTION OF CERTAIN DUTIES AND OBLIGATIONS. 16 17 4.1 Continuation of Banking Business 16 17 4.2 Agreement with Respect to Credit Card Business 17 4.3 Agreement with Respect to Safe Deposit Business 17 18 4.4 Agreement with Respect to Safekeeping Business 17 18 4.5 Agreement with Respect to Trust Business 18 4.6 Agreement with Respect to Bank Premises 18 19 4.7 Agreement with Respect to Leased Data Processing Equipment and Leases 22 4.8 Agreement with Respect to Certain Existing Agreements 22 4.9 Informational Tax Reporting 23 4.10 Insurance 23 4.11 Office Space Services for Receiver and Corporation 24 23 4.12 Agreement with Respect to Continuation of Group Health Plan Coverage for Former Employees of the Failed Bank 24 4.13 Agreement with Respect to Interim Asset Servicing 25 4.14 Reserved 25 4.15 Agreement with Respect to Loss Sharing Option to Purchase Loan Pools 25 ARTICLE V DUTIES WITH RESPECT TO DEPOSITORS OF THE FAILED BANK 25 5.1 Payment of Checks, Drafts and Orders 25 5.2 Certain Agreements Related to Deposits 26 25 5.3 Notice to Depositors 26 Module 1 – Whole Bank w/ Loss Share – P&A i Metro Bank of Dade County Version 2.07 Miami, Florida June 10, 2010 25 ARTICLE VI RECORDS 26 6.1 Transfer of Records 26 6.2 Delivery of Assigned Records 27 6.3 Preservation of Records 27 6.4 Access to Records; Copies 27 ARTICLE VII BID; INITIAL PAYMENT 27

ASSUMPTION OF CERTAIN DUTIES AND OBLIGATIONS. 16 4.1 Continuation of Banking Business 16 4.2 Agreement with Respect to Credit Card Business 17 4.3 Agreement with Respect to Safe Deposit Business 17 4.4 Agreement with Respect to Safekeeping Business 17 4.5 Agreement with Respect to Trust Business 18 4.6 17 Agreement with Respect to Bank Premises 18 4.7 Agreement with Respect to Leased Data Processing Equipment and Leases 22 4.8 21 Agreement with Respect to Certain Existing Agreements 22 4.9 21 Informational Tax Reporting 23 4.10 22 Insurance 23 4.11 22 Office Space for Receiver and Corporation 24 4.12 23 Agreement with Respect to Continuation of Group Health Plan Coverage for Former Employees of the Failed Bank 24 4.13 23 Agreement with Respect to Interim Asset Servicing 25 4.14 24 Reserved 25 4.15 24 Agreement with Respect to Loss Sharing 25 24 ARTICLE V 5.2 5.3 ARTICLE VI 6.1 6.2 6.3 6.4 ARTICLE VII ARTICLE VIII 8.1 8.2 8.3 8.4 8.5 ARTICLE IX 9.1 9.2 9.3 9.4 9.5 9.6 9.7 ARTICLE X ARTICLE XI ARTICLE XII 12.1 12.2 12.3 12.4 12.5 DUTIES WITH RESPECT TO DEPOSITORS OF THE FAILED BANK 25 5.1 24 Payment of Checks, Drafts and Orders 25 5.2 24 Certain Agreements Related to Deposits 26 5.3 25 Notice to Depositors 26 Module 1 – Whole Bank w/ Loss Share – P&A i Metro Bank of Dade County Version 2.07 Miami, Florida June 10, 2010 ARTICLE VI 25 RECORDS 26 6.1 25 Transfer of Records 26 6.2 25 Delivery of Assigned Records 27 6.3 26 Preservation of Records 27 6.4 26 Access to Records; Copies 27 ARTICLE VII BID; INITIAL PAYMENT 2726

ASSUMPTION OF CERTAIN DUTIES AND OBLIGATIONS. 16 4.1 Continuation of Banking Business 16 4.2 Agreement with Respect to Credit Card Business 17 4.3 16 Agreement with Respect to Safe Deposit Business 17 4.4 Agreement with Respect to Safekeeping Business 17 4.5 Agreement with Respect to Trust Business 18 4.6 17 Agreement with Respect to Bank Premises 18 4.7 Agreement with Respect to Leased Data Processing Equipment and Leases 22 4.8 21 Agreement with Respect to Certain Existing Agreements 22 4.9 21 Informational Tax Reporting 23 4.10 22 Insurance 23 4.11 22 Office Space for Receiver and Corporation 24 4.12 22 Agreement with Respect to Continuation of Group Health Plan Coverage for Former Employees of the Failed Bank 24 4.13 23 Agreement with Respect to Interim Asset Servicing 25 4.14 Reserved 25 4.15 Agreement with Respect to Loss Sharing 25 24 ARTICLE V 5.2 5.3 ARTICLE VI 6.1 6.2 6.3 6.4 ARTICLE VII ARTICLE VIII 8.1 8.2 8.3 8.4 8.5 ARTICLE IX 9.1 9.2 9.3 9.4 9.5 9.6 9.7 ARTICLE X ARTICLE XI ARTICLE XII 12.1 12.2 12.3 12.4 12.5 DUTIES WITH RESPECT TO DEPOSITORS OF THE FAILED BANK 25 5.1 24 Payment of Checks, Drafts and Orders 25 5.2 24 Certain Agreements Related to Deposits 26 5.3 24 Notice to Depositors 26 Module 1 – Whole Bank w/ Loss Share – P&A i Metro Bank of Dade County Version 2.07 Miami, Florida June 10, 2010 ARTICLE VI 24 RECORDS 26 6.1 25 Transfer of Records 26 6.2 25 Delivery of Assigned Records 27 6.3 26 Preservation of Records 27 6.4 26 Access to Records; Copies 27 ARTICLE VII BID; INITIAL PAYMENT 2726