**Exhibit 10.4****THIRD AMENDMENT TO LEASE**     THIS THIRD AMENDMENT TO LEASE AGREEMENT (this “**Amendment**”) is made effective as of this24th day of March, 2006, between HOME DEPOT U.S.A., INC., a Delaware corporation(“**Landlord**”), as successor and assigns to CUMBERLAND OFFICE PARK, LLC and EBANK.COM, a Georgiacorporation (“**Tenant**”).**WITNESSETH**     **Whereas,**Prentiss Properties Acquisition Partners, L.P., as the initial landlord and tenantentered into that certain Lease agreement dated June 30,1999, as amended by that certain FirstAmendment to the lease dated as of August 18, 1999 (the “First Amendment”), with respect to thatcertain “premises” (as defined in Section 1.1A of the Lease, as amended by the First Amendment)composed of approximately 4,645 rentable square feet on the second (2nd) floor of thebuilding commonly known as Cumberland Office Park, 2690 Cumberland Parkway, Atlanta, Georgia (the“Building”); and     **Whereas,**Cumberland Office Park, LLC became the successor-in-interest to all of the right,title and interest of the landlord or “lessor” under the Lease and entered into a Second Amendmentdated as of April 13, 2004 (the “Second Amendment”) (as so amended, the “Lease”), and     **Whereas,**Landlord is the successor-in-interest to all of the right, title and interest of thelandlord or “lessor” under the Lease: and     **Whereas,**Landlord and Tenant desire to extend the term and otherwise to amend and nmodify theLease as set forth in this Third Amendment.     **Now, Therefore,**for and in consideration of the sum of ten and No/100 Dollars ($10.00), theforegoing premises and the respective undertakings of the parties and other good and valuableconsideration, the receipt and sufficiency of which are hereby acknowkledged, Landlord and tenanthereby agree as follows:     1. Defined Terms. Each capitalized term used in this Third Amendment shall havethe meaning ascribed to it in the Lease, unless such otherwise defined in this Third Amendment.     2. Amendments. As of the Effective Date, the Lease is hereby amended as follows:          (a) Extension of Term. The Term of the Lease as to the Retained Space is herebyextended for thirty-six (36) months, so that the new expiration date thereof shall be October 31,2009.          (b) Base Monthly Rent. Tenant shall pay as Base Monthly Rent on a Full Service basisfor the Premises in the amount of:
-1-

 
               (i) $15.50 per RSF, from November 1, 2006 through October 31 2007;               (ii) $15.81 per RSF, from November 1, 2007 through October 31, 2008; and               (iii) $16.13 per RSF, from November 1, 2008 through October 31, 2009.          (c) Base Year. During this Extension Term, the **“Base Year Operating Costs”**shall bethe Operating Costs for calendar year 2006.          (d) Tenant Improvements and Condition of Premises; Disclaimer. Tenant herebyacknowledges and agrees that it has had sufficient opportunity to inspect the Premises and anyimprovements located therein, and the Premises being leased to Tenant in its present “AS IS”condition, without representation, warranty or covenant from landlord. Landlord shall have noobligation to construct or install any improvements of any kind or character whatsoever in or tothe Premises or to provide any tenant improvement allowance or other allowance.          (e) Address for Notices. Landlord’s addresses under the Lease are as follows:       Address for Notices: Home Depot USA, Inc    2455 Paces Ferry Road    Building C-20    Atlanta, GA 30339-4024    Attn: Vice President-Real Estate Law         With a copy in all cases to:         Home Depot USA, Inc    2455 Paces Ferry Road    Building C-20    Atlanta, GA 30339-4024    Attn: Senior Corporate Counsel/Real Estate       Address for Rent Payment: Home Depot USA, Inc.    c/o Pope and Land    3225 Cumberland Boulevard    Suite 400    Atlanta, GA 30339     3. Brokers. Landlord and Tenant each represents and warrants to the other that it hasnot had any dealings with any realtors, brokers or agents in connection with the negotiation ofthis Amendment, except that CTR Partners, LLP represented Tenant in connection with this Amendmentand CB Richard Ellis represented Landlord in connection with this Amendment (collectively, the“Brokers”) and each party agrees to hold the other harmless from the failure to pay any realtors,brokers or agents (other than the Brokers) and from any cost, expense or liability
-2-

 
for any compensation, commission or changes claimed by any other realtors, brokers or agents (otherthan the Brokers) claiming by, through or on behalf of it with respect to this Amendment and/or thenegotiation hereof.     4. Full Force and Effect. Except as expressly amended herein, the Lease is unmodifiedand remains in full force and effect.     5. Counterparts. This Amendment may be executed in counterparts, each of which, whencombined, shall constitute one single, binding agreement.     IN WITNESS WHEREOF, the parties hereto have executed this Amendment the day and year firstabove written.         **TENANT** :           EBANK.COM, INC, a Georgia corporation           By: ebank /s/ David S. Haley           Name: David S. Haley    Its: SVP, COI CISO    Date: 3/24/06           **TENANT** :           HOME DEPOT U.S.A., INC., a Delaware    corporation           By: /s/ Jeff Israel           Name: Jeff Israel    Its: Director – Legal    Date: 3-27-06  
-3-