EMPLOYMENT AGREEMENT



 Exhibit 10(iv) 
  
 STATE OF NORTH CAROLINA 
  
 COUNTY OF ALAMANCE 
  
 EMPLOYMENT AGREEMENT 
  
 THIS AGREEMENT is entered into as of the 1st day of October, 2001 by and between ALAMANCE NATIONAL BANK (hereinafter referred to as the “Bank”) and WILLIAM M. GRIFFITH, JR. (hereinafter
referred to as “Employee”). 
  
 W I T N E S S E T H:

  
 WHEREAS, the expertise and experience of Employee
and his relationships and reputation in the financial institutions industry are extremely valuable to the Bank; and 
  
 WHEREAS, it is in the best interests of the Bank and its shareholders to maintain an experienced and sound executive management team to manage the
Bank and to further the Bank’s overall strategies to protect and enhance the value of its shareholders’ investments; and 
  
 WHEREAS, the Bank and Employee desire to enter into this Agreement to establish the scope, terms and conditions of Employee’s employment by
the Bank; and 
  
 WHEREAS, the Bank and Employee desire to
enter into this Agreement also to provide Employee with security in the event of a change in control in the Bank and to insure the continued loyalty of Employee during any such change in control in order to maximize shareholder value as well as the
continued safe and sound operation of the Bank. 
  
 NOW,
THEREFORE, for and in consideration of the premises and mutual promises, covenants and conditions hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which hereby is acknowledged, the Bank and
Employee hereby agree as follows: 
  
 1. Employment.
The Bank hereby agrees to employ Employee, and Employee hereby agrees to serve as an officer of the Bank, all upon the terms and conditions stated herein. As an officer of the Bank, Employee will (i) serve as President and Chief Executive Officer of
the Bank, and (ii) have such other duties and responsibilities, and render to the Bank such other management services, as are customary for persons in Employee’s position with the Bank or as shall otherwise be reasonably assigned to him from
time to time by the Bank. 







 Further the Board of Directors of the Bank shall nominate Employee to serve as a director for a three (3) year term upon
the expiration of Employee’s current term as a member of the Board of Directors of the Bank, and upon each three (3) year anniversary thereafter, assuming Employee remains employed by the Bank in an executive capacity. Employee shall faithfully
and diligently discharge his duties and responsibilities under this Agreement and shall use his best efforts to implement the policies established by the Bank. Employee hereby agrees to devote such number of hours of his working time and endeavors
to the employment granted hereunder as Employee and the Bank shall deem to be necessary to discharge his duties hereunder, and, for so long as employment hereunder shall exist, Employee shall not engage in any other occupation which requires a
significant amount of Employee’s personal attention during the Bank’s regular business hours or which otherwise interferes with Employee’s attention to or performance of his duties and responsibilities as an officer of the Bank
hereunder except with the prior written consent of the Bank. However, nothing herein contained shall restrict or prevent Employee from personally, and for Employee’s own account, trading in stocks, bonds, securities, real estate or other forms
of investment (including but not limited to up to three percent (3%) of the outstanding securities of any bank or bank holding company which has securities publicly traded on any national securities exchange or through an over-the-counter market)
for Employee’s own benefit so long as said activities do not interfere with Employee’s attention to or performance of his duties and responsibilities as an officer of the Bank hereunder. 
  
 During the term of this Agreement, Employee shall be allowed, in his sole
discretion, to maintain his primary work location in Graham, North Carolina. 
  
 2. Compensation. For all services rendered by Employee to the Bank under this Agreement, the Bank shall pay Employee a base salary at a rate of One Hundred One Thousand Eight Hundred Ninety Dollars and
00/100’s ($101,890.00) per annum; provided that the amount of such base salary shall be reviewed by the Board of Directors within forty-five (45) days of each calendar year end for the purpose of determining any increase, but not decrease, in
the base salary. Any such increase shall be made retroactively effective as of the first day of the year in which such determination is made. Salary paid under this Agreement shall be payable in cash not less frequently than monthly. All
compensation hereunder shall be subject to customary withholding taxes and such other employment taxes as are required by law. In the event of a Change in Control (as defined in Paragraph 8), Employee’s base salary shall be increased not less
than six percent (6%) annually during the term of this Agreement. 
  

 2 








 In addition to the foregoing, Employee shall be entitled to receive cash bonuses on an annual basis
during the term of this Agreement as may be determined by the Board of Directors of the Bank or its Compensation Committee. 
  
 3. Participation in Retirement and Employee Benefit Plans; Fringe Benefits. Subject to the terms and conditions of this Agreement, Employee
shall be entitled to participate in any and all employee benefit programs and compensation plans from time to time maintained by the Bank and available to all employees of the Bank, all in accordance with the terms and conditions (including
eligibility requirements) of such programs and plans of the Bank, resolutions of the Bank’s Board of Directors establishing such programs and plans, and the Bank’s normal practices and established policies regarding such programs and
plans. 
  
 In addition to the other compensation and benefits
described in this Agreement, the Bank shall: 
  
 (a)
annually provide Employee with four (4) weeks of paid vacation leave notwithstanding the policy for the Bank for all other employees with the right to carry over into the following year up to five unused vacation days; 
  
 (b) assume payment of dues and assessments associated with
Employee’s membership in Quarry Hills Country Club and Employee’s membership in one (1) civic club; 
  
 (c) reimburse Employee for all reasonable expenses incurred by him in the performance of his duties under this Agreement and documented to the
reasonable satisfaction of the Bank pursuant to established policies; 
  
 (d) provide to Employee and Employee’s minor child, Mitchell P. Griffith (“Child”), major medical insurance coverage, including health, term life, and disability at no cost to Employee or his immediate family which
will be under policies at least equivalent to the insurance coverage generally provided to active full-time employees of the Bank from time to time; and 
  
 (e) upon the death or permanent disability of Employee, provide to Child, major medical insurance coverage, including health, term life, and
disability, such 
  

 3 








 coverage to remain in effect until the earlier of: (i) Child’s completion of his highest intended level of
post-secondary education (such determination to be at Child’s sole discretion), or (ii) Child’s attainment of the age of 23. 
  
 4. Term. Unless sooner terminated as provided in this Agreement and subject to the right of either Employee or the Bank to terminate
Employee’s employment at any time as provided herein, the initial term of this Agreement and Employee’s employment with the Bank hereunder shall be for a period commencing on the date hereof and continuing for a period of three (3) years
(the “Initial Term”). At the end of the Initial Term and upon each anniversary thereafter, the Agreement shall automatically be extended for an additional one (1) year period unless written notice from the Bank or Employee is received
sixty (60) days prior to such date notifying the other party that this Agreement shall not be further extended. 
  
 5. Confidentiality; Noncompetition. Employee hereby acknowledges and agrees that (i) in the course of his service as an officer of the Bank,
he will gain substantial knowledge of and familiarity with the Bank’s customers and its dealings with them, and other information concerning the Bank’s business, all of which constitute valuable assets and privileged information of the
Bank that are particularly sensitive due to the fiduciary responsibilities inherent in the banking business; and, (ii) in order to protect the Bank’s interest in and to assure it the benefit of its business, it is reasonable and necessary to
place certain restrictions on Employee’s ability to compete against the Bank and on his disclosure of information about the Bank’s business and customers. For that purpose, and in consideration of the Bank’s agreements contained
herein, Employee covenants and agrees as provided below. 
  
 (a) Covenant Not to Compete. During a period of two (2) years following the effective date of termination of this Agreement or Employee’s employment with the Bank (other than in the event that Employee’s employment
is voluntarily terminated by the Bank without Cause and no additional non-competition agreement is made a part of a separate severance agreement) by unilateral action of Employee, Employee will not “Compete” (as defined below), directly or
indirectly, with the Bank within a twenty-five (25) mile radius of Graham, North Carolina (the “Relevant Market”). 
  

 4 








 For the purposes of this Paragraph 5, the following terms shall have the meanings set forth below:

  
 Compete. The term “Compete” means:
(i) soliciting or securing deposits from any Person residing in the Relevant Market for any Financial Institution; (ii) soliciting any Person residing in the Relevant Market to become a borrower from any Financial Institution, or assisting (other
than through the performance of ministerial or clerical duties) any Financial Institution in making loans to any such Person; (iii) inducing or attempting to induce any Person who was a Customer of the Bank on the date of termination of
Employee’s employment with the Bank, to change such Customer’s depository, loan and/or other banking relationship from the Bank to another Financial Institution; (iv) acting as a consultant, officer, director, independent contractor, or
employee of any Financial Institution that has its main or principal office in the Relevant Market, or, in acting in any such capacity with any other Financial Institution, to maintain an office or be employed at or assigned to or to have any direct
involvement in the management, business or operation of any office of such Financial Institution located in the Relevant Market; or (v) communicating to any Financial Institution the names or addresses or any financial information concerning any
Person who was a Customer of the Bank at the date of Employee’s termination of this Agreement. 
  
 Customer. The term “Customer” means any Person with whom, as of the effective date of termination of this Agreement or
during Employee’s employment with the Bank, the Bank has or has had a depository, loan and/or other banking relationship. 
  
 Financial Institution. The term “Financial Institution” means any federal or state chartered bank, savings bank, savings and loan
association or credit union, or any holding company for or corporation that owns or controls any such entity, or any other Person engaged in the business of making loans of any type or receiving deposits, other than the Bank. 
  
 Person. The term “Person” means any natural person
or any corporation, partnership, proprietorship, joint venture, limited liability company, trust, estate, governmental agency or instrumentality, fiduciary, unincorporated association or other entity. 
  
 (b) Confidentiality Covenant. Employee covenants and agrees
that any and all data, figures, projections, estimates, lists, files, records, documents, manuals or other such materials or information (financial or otherwise) relating to the Bank and its banking business, regulatory examinations, financial
results and condition, lending and deposit operations, customers (including lists of the Bank’s customers and information regarding their 
  

 5 








 accounts and business dealings with the Bank), policies and procedures, computer systems and software, shareholders,
employees, officers and directors (herein referred to as “Confidential Information”) are proprietary to the Bank and are valuable, special and unique assets of the Bank’s business to which Employee will have access during his
employment with the Bank. Employee agrees that (i) all such Confidential Information shall be considered and kept as the confidential, private and privileged records and information of the Bank, and (ii) at all times during the term of his
employment with the Bank and following the termination of this Agreement or his employment for any reason, and except as shall be required in the course of the performance by Employee of his duties on behalf of the Bank or otherwise pursuant to the
direct, written authorization of the Bank, Employee will not: divulge any such Confidential Information to any other Person or Financial Institution; remove any such Confidential Information in written or other recorded form from the Bank’s
premises; or make any use of any Confidential Information for his own purposes or for the benefit of any Person or Financial Institution other than the Bank. However, following the termination of Employee’s employment with the Bank, this
subparagraph (b) shall not apply to any Confidential Information which then is in the public domain (provided that Employee was not responsible, directly or indirectly, for permitting such Confidential Information to enter the public domain without
the Bank’s consent), or which is obtained by Employee from a third party which or who is not obligated under an agreement of confidentiality with respect to such information, or which is divulged by the employee pursuant to judicial or
administrative order.. 
  
 (c) Remedies for Breach.
Employee understands and agrees that a breach or violation by him of the covenants contained in Paragraph 5(a) and 5(b) of this Agreement will be deemed a material breach of this Agreement and will cause irreparable injury to the Bank, and that it
would be difficult to ascertain the amount of monetary damages that would result from any such violation. In the event of Employee’s actual or threatened breach or violation of the covenants contained in Paragraph 5(a) or 5(b), the Bank shall
be entitled to bring a civil action seeking an injunction restraining Employee from violating or continuing to violate those covenants or from any threatened violation thereof, or for any other legal or equitable relief relating to the breach or
violation of such covenant. Employee agrees that, if the Bank institutes any action or proceeding against Employee seeking to enforce any of such covenants or to 
  

 6 








 recover other relief relating to an actual or threatened breach or violation of any of such covenants, Employee shall be
deemed to have waived the claim or defense that the Bank has an adequate remedy at law and shall not urge in any such action or proceeding the claim or defense that such a remedy at law exists. However, the exercise by the Bank of any such right,
remedy, power or privilege shall not preclude the Bank or its successors or assigns from pursuing any other remedy or exercising any other right, power or privilege available to it for any such breach or violation, whether at law or in equity,
including the recovery of damages, all of which shall be cumulative and in addition to all other rights, remedies, powers or privileges of the Bank. 
  
 Notwithstanding anything contained herein to the contrary, Employee agrees that the provisions of Paragraph 5(a) and 5(b) above and the remedies provided
in this Paragraph 5(c) for a breach by Employee shall be in addition to, and shall not be deemed to supersede or to otherwise restrict, limit or impair the rights of the Bank under the Trade Secrets Protection Act contained in Article 24, Chapter 66
of the North Carolina General Statutes, or any other state or federal law or regulation dealing with or providing a remedy for the wrongful disclosure, misuse or misappropriation of trade secrets or other proprietary or confidential information.

  
 (d) Survival of Covenants. Employee’s
covenants and agreements and the Bank’s rights and remedies provided for in this Paragraph 5 shall survive any termination of this Agreement or Employee’s employment with the Bank. 
  
 6. Termination and Termination Pay. 
  
 (a) Employee’s employment under this Agreement may be
terminated at any time by Employee upon sixty (60) days written notice to the Bank. Upon such termination, Employee shall be entitled to receive compensation through the effective date of such termination; provided, however, that the Bank, in its
sole discretion, may elect for Employee not to serve out part or all of said notice period. 
  
 (b) Employee’s employment under this Agreement shall be terminated upon the death of Employee during the term of this Agreement. Upon any such termination, Employee’s estate shall be entitled to
receive any compensation due to Employee computed through the last day of the calendar month in which his death shall have occurred but which remains unpaid and the Bank shall continue to provide the insurance coverages then in effect for
Employee’s family as set forth in Paragraph 3(d) hereof. 
  

 7 








 (c) In the event Employee becomes disabled during the term of his employment hereunder and it is
determined by the Bank that Employee is permanently unable to perform his duties under this Agreement, the Bank shall continue to compensate Employee at the level of compensation described in Paragraph 2 above, and shall continue to provide Employee
each of the other benefits set forth or described in this Agreement, for the remaining term of this Agreement, less any other payments provided under any disability income plan of the Bank which is applicable to Employee. In the event of any
disagreement between Employee and the Bank as to whether Employee is physically or mentally incapacitated such as will result in the termination of Employee’s employment pursuant to this Paragraph 6(c), the question of such incapacity shall be
submitted to an impartial and reputable physician for determination, selected by mutual agreement of Employee and the Bank or, failing such agreement, by two (2) physicians (one (1) of whom shall be selected by the Bank and the other by Employee),
and such determination of the question of such incapacity by such physician or physicians shall be final and binding on Employee and the Bank. The Bank shall pay the reasonable fees and expenses of such physician or physicians in making any
determination required under this Paragraph 6(c). 
  
 (d)
The Bank may terminate Employee’s employment at any time for any reason with or without “Cause” (as defined below), but any termination by the Bank other than termination for “Cause” (as defined below), shall not prejudice
Employee’s right to compensation or other benefits throughout the remaining term of this Agreement. Following any termination of Employee’s employment by the Bank for “Cause,” Employee shall have no further rights under this
Agreement (including any right to receive compensation or other benefits for any period after such termination). 
  
 For purposes of this Paragraph 6(d), the Bank shall have “Cause” to terminate Employee’s employment upon: 
  
 (i) A determination by the Bank, in good faith, that Employee
(A) has breached in any material respect any of the terms or conditions of this Agreement, or (B) is engaging or has engaged in willful misconduct or conduct which is detrimental to the business prospects of the Bank or which has had or
likely will have a material adverse effect on the 
  

 8 








 Bank’s business or reputation. Prior to any termination by the Bank of Employee’s employment for a breach,
failure to perform or conduct described in this subparagraph (i), the Bank shall give Employee written notice which describes such breach, failure to perform or conduct and if during a period of five (5) business days following such notice Employee
cures or corrects the same to the reasonable satisfaction of the Bank, then this Agreement shall remain in full force and effect. However, notwithstanding the above, if the Bank has given written notice to Employee on a previous occasion of the same
or a substantially similar breach, failure to perform or conduct, or of a breach, failure to perform or conduct which the Bank determines in good faith to be of substantially similar import, or if the Bank determines in good faith that the then
current breach, failure to perform or conduct is not reasonably curable, then termination under this subparagraph (i) shall be effective immediately and Employee shall have no right to cure such breach, failure to perform or conduct. Notwithstanding
anything contained herein to the contrary, any act, or failure to act, based upon authority granted pursuant to resolutions duly adopted by the Board of Directors of the Bank or based upon the advice of counsel for the Bank shall be conclusively
presumed to be done, or omitted to be done, by Employee in good faith and in the interest of the Bank and shall not be considered Cause. 
  
 (ii) The violation by Employee of any applicable federal or state law, or any applicable rule, regulation, order or statement of policy
promulgated by any governmental agency or authority having jurisdiction over the Bank or any of its affiliates or subsidiaries (a “Regulatory Authority,” including without limitation the Federal Deposit Insurance Corporation, the Office of
Comptroller of the Currency or any other banking regulator having legal jurisdiction over the Bank), which results from Employee’s gross negligence, willful misconduct or intentional disregard of such law, rule, regulation, order or policy
statement and results in any substantial damage, monetary or otherwise, to the Bank or any of its affiliates or subsidiaries or to the Bank’s reputation; 
  

(iii) The commission in the course of Employee’s employment with the Bank of an act of fraud, embezzlement, theft or proven personal
dishonesty (whether or not resulting in criminal prosecution or conviction); 
  
 (iv) The conviction of Employee of any felony or any criminal offense involving dishonesty or breach of trust, or the occurrence of any event described in 
  

 9 








 Section 19 of the Federal Deposit Insurance Act or any other event or circumstance which disqualifies Employee from
serving as an employee or executive officer of, or a party affiliated with, the Bank or its bank holding company; 
  
 (v) Employee becomes unacceptable to, or is removed, suspended or prohibited from participating in the conduct of the Bank’s affairs (or if
proceedings for that purpose are commenced) by any Regulatory Authority; and 
  
 (vi) The occurrence of any event believed by the Bank, in good faith, to have resulted in Employee being excluded from coverage, or having coverage limited as to Employee as compared to other covered officers
or employees, under the Bank’s then current “blanket bond” or other fidelity bond or insurance policy covering its directors, officers or employees. 
  
 7. Additional Regulatory Requirements. Notwithstanding anything contained in this Agreement to the contrary,
it is understood and agreed that the Bank (or its successors in interest) shall not be required to make any payment or take any action under this Agreement if (a) the Bank is declared by any Regulatory Authority to be insolvent, in default or
operating in an unsafe or unsound manner, or if (b) in the opinion of counsel to the Bank such payment or action (i) would be prohibited by or would violate any provision of state or federal law applicable to the Bank, including
without limitation the Federal Deposit Insurance Act and the National Bank Act as now in effect or hereafter amended, (ii) would be prohibited by or would violate any applicable rules, regulations, orders or statements of policy, whether now
existing or hereafter promulgated, of any Regulatory Authority, or (iii) otherwise would be prohibited by any Regulatory Authority. 
  
 8. Change in Control 
  
 (a) In the event of a “Change in Control” (as defined in Subparagraph (d) below), of the Bank, Employee shall be entitled to terminate
this Agreement upon the occurrence within twenty-four (24) months following a change in control of any Termination Event as defined in Subparagraph (b) below. 
  

 10 








 (b) Termination Event shall mean the occurrence of any of the following events: 
  
 (i) Employee is assigned any duties and/or responsibilities that are
inconsistent with his position, duties or responsibilities at the time of the Change in Control; 
  
 (ii) Employee’s annual base salary is reduced below the amount in effect as of the effective date of a Change in Control or as the same shall
have been increased from time to time following such effective date; 
  
 (iii) Employee’s life insurance, major medical insurance, disability insurance, dental insurance, stock option plans, stock purchase plans, deferred compensation plans, management retention plans, retirement plans, or similar
plans or benefits being provided by the Bank to Employee as of the effective date of the Change in Control are adversely affected in their level, scope, or coverage, or any such insurance, plans, or benefits are eliminated, unless such reduction or
elimination applies proportionately to all salaried employees of the Bank who participated in such benefits prior to such Change in Control; or 
  
 (iv) Employee is transferred to a location outside of Graham, North Carolina, without Employee’s express written consent. 
  
 A Termination Event shall be deemed to have occurred on the date such action
or event is implemented or takes effect. 
  
 (c) In the
event that Employee or the Bank terminates this Agreement pursuant to this Paragraph 8, the Bank will be obligated (i) to provide Employee major medical coverage (as described in Paragraph 3(d) hereof) for the then remaining term of this
agreement (provided however, that if Executive becomes re-employed with another employer and is eligible to receive substantially the same benefits under the other employer’s plans as Employee would receive under the terms of this Agreement,
then the major medical coverage provided hereunder shall be secondary to such other employer’s plans during such applicable period of eligibility); and (ii) to pay or cause to be paid to Employee all amounts due and owing to the end of
the term of this Agreement and an amount equal to two hundred ninety-nine percent (299%) of the average annual salary, bonuses and incentives paid to Employee over the three (3) previous twelve (12) month periods. 
  

 11 








 (d) For the purposes of this Agreement, the term Change in Control shall mean any of the
following events: 
  
 (i) After the effective date of
this Agreement, any “person” (as such term is defined in Section 7(j)(8)(A) of the Change in Bank Control Act of 1978), directly or indirectly, acquires beneficial ownership of voting stock, or acquires irrevocable proxies or any
combination of voting stock and irrevocable proxies, representing twenty-five percent (25%) or more of any class of voting securities of the Bank, or acquires control of in any manner the election of a majority of the directors of the Bank;

  
 (ii) The Bank consolidates or merges with or into
another corporation, association, or entity, or is otherwise reorganized, where the Bank is not the surviving corporation in such transaction; or 
  
 (iii) All or substantially all of the assets of the Bank are sold or otherwise transferred to or are acquired by any other corporation,
association, or other person, entity, or group. 
  
 Notwithstanding the other provisions of this Paragraph 8, a transaction or event shall not be considered a Change in Control if, prior to the consummation or occurrence of such transaction or event, Employee and the Bank agree in writing
that the same shall not be treated as a Change in Control for purposes of this Agreement. Provided further, any transaction effecting a reorganization of the Bank into the bank holding company form of organization shall not be considered a Change in
Control for purposes of this Agreement. 
  
 (e) Amounts
payable pursuant to this Paragraph 8 shall be paid, at the option of Employee either in one lump sum or in equal monthly payments over the remaining term of this Agreement. 
  
 (f) Following a Termination Event which gives rise to Employee’s rights hereunder, Employee shall have
twenty-four (24) months from the date of occurrence of the Termination Event to terminate this Agreement pursuant to this Paragraph 8. Any such termination shall be deemed to have occurred only upon delivery to the Bank or any successor thereto, of
written notice of termination which describes the Change in Control and Termination Event. If Employee does not so terminate this Agreement within such twenty-four month period, Employee shall thereafter have no further rights hereunder with respect
to that Termination Event, but shall retain rights, if any, hereunder with respect to any other Termination Event as to which such period has not expired. 
  

 12 








 (g) It is the intent of the parties hereto that all payments made pursuant to this Agreement be
deductible by the Bank for federal income tax purposes and not result in the imposition of an excise tax on Employee. Notwithstanding anything contained in this Agreement to the contrary, any payments to be made to or for the benefit of Employee
which are deemed to be “parachute payments” as that term is defined in Section 28OG(b)(2) of the Code, shall be modified or reduced to the extent deemed to be necessary by the Bank’s Board of Directors to avoid the imposition of an
excise tax on Employee under Section 4999 of the Code or the disallowance of a deduction to the Bank under Section 28OG(a) of the Code. 
  
 (h) In the event any dispute shall arise between Employee and the Bank as to the terms or interpretation of this Agreement, including this
Paragraph 8, whether instituted by formal legal proceedings or otherwise, including any action taken by Employee to enforce the terms of this Paragraph 8 or in defending against any action taken by the Bank, the Bank shall reimburse Employee for all
costs and expenses, proceedings or actions, in the event Employee prevails in any such action.  
  
 9. Successors and Assigns. 
  
 (a) This Agreement shall inure to the benefit of and be binding upon any corporate or other successor of the Bank which shall acquire, directly or
indirectly, by conversion, merger, consolidation, purchase or otherwise, all or substantially all of the assets of the Bank. 
  
 (b) The Bank is contracting for the unique and personal skills of Employee. Therefore, Employee shall be precluded from assigning or delegating
his rights or duties hereunder without first obtaining the written consent of the Bank. 
  
 10. Modification; Waiver; Amendments. No provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the parties
hereto. No waiver by either party hereto, at any time, of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar
provisions or conditions at the same or at any prior or subsequent time. No amendments or additions to this Agreement shall be binding unless in writing and signed by both parties, except as herein otherwise provided. 
  

 13 








 11. Applicable Law. This Agreement shall be governed in all respects whether as to
validity, construction, capacity, performance or otherwise, by the laws of North Carolina, except to the extent that federal law shall be deemed to apply. 
  
 12. Severability. The provisions of this Agreement shall be deemed severable and the invalidity or unenforceability of any provision shall
not affect the validity or enforceability of the other provisions hereof. 
  
 13. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the transactions described herein and supersedes any and all other oral or written agreements heretofore
made, and there are no representations or inducements by or to, or any agreements between, any of the parties hereto other than those contained herein in writing. 
  
 14. Arbitration. The Bank and Employee agree that any and all disputes, controversies or claims arising out of
or relating to this Agreement, including without limitation, claims based on contract, tort, or statute, shall be determined by arbitration. If the parties hereto cannot mutually agree on a single arbitrator, each party shall pick one and a third
will be selected by the American Arbitration Association (“AAA”). The arbitration will be conducted in accordance with the commercial arbitration rules, regulations and procedures of the AAA then in effect. The arbitration will be held and
the award be made in Graham, North Carolina, or at such other location within the State of North Carolina as the Bank and Employee may mutually agree. The parties hereto agree to be bound by the decision of the arbitrator or arbitrator panel and
judgment upon the award rendered may be entered in any court having jurisdiction. Any and all expenses of the Bank and the Employee, including expenses of their respective counsel, shall be borne by the Bank. 
  
 IN WITNESS WHEREOF, the parties have executed this Agreement under
seal and in such form as to be binding as of the day and year first hereinabove written. 
  

			
	ALAMANCE NATIONAL BANK
		
	 By:
	 	 /s/ Paul Edward Love


	 	 	 Paul Edward Love, Chairman



  

 14 









			
	ATTEST:	 	 
		
	 /s/ Dawn Griswold

	 	 
	 Assistant Secretary
	 	 
		
	 	 	 /s/ William M. Griffith, Jr.


	 	 	 William M. Griffith, Jr.


  

 15