Common use of Ownership of Property; Insurance Coverage Clause in Contracts

Ownership of Property; Insurance Coverage. 4.10.1. Except as set forth in FSBI DISCLOSURE SCHEDULE 4.10, FSBI and each FSBI Subsidiary has good and, as to real property, marketable title to all material assets and properties owned by FSBI or each FSBI Subsidiary in the conduct of its businesses, whether such assets and properties are real or personal, tangible or intangible, including assets and property reflected in the balance sheet contained in the most recent FSBI Financial Statements or acquired subsequent thereto (except to the extent that such assets and properties have been disposed of in the ordinary course of business, since the date of such balance sheet), subject to no material encumbrances, liens, mortgages, security interests or pledges, except (i) those items which secure liabilities for public or statutory obligations or any discount with, borrowing from or other obligations to FHLB, inter-bank credit facilities, reverse repurchase agreements or any transaction by an FSBI Subsidiary acting in a fiduciary capacity, and (ii) statutory liens for amounts not yet delinquent or which are being contested in good faith. FSBI and the FSBI Subsidiaries, as lessee, have the right under valid and existing leases of real and personal properties used by FSBI and the FSBI Subsidiaries in the conduct of their businesses to occupy or use all such properties as presently occupied and used by each of them. Such existing leases and commitments to lease constitute or will constitute operating leases for both tax and financial accounting purposes and the lease expense and minimum rental commitments with respect to such leases and lease commitments are as disclosed in all material respects in the notes to the FSBI Financial Statements. 4.10.2. With respect to all material agreements pursuant to which FSBI or any FSBI Subsidiary has purchased securities subject to an agreement to resell, if any, FSBI or such FSBI Subsidiary, as the case may be, has a lien or security interest (which to FSBI’s Knowledge is a valid, perfected first lien) in the securities or other collateral securing the repurchase agreement, and the value of such collateral equals or exceeds the amount of the debt secured thereby. 4.10.3. FSBI and each Significant Subsidiary of FSBI currently maintain insurance considered by each of them to be reasonable for their respective operations. Neither FSBI nor any Significant Subsidiary of FSBI has received notice from any insurance carrier that (i) such insurance will be canceled or that coverage thereunder will be reduced or eliminated, or (ii) premium costs with respect to such policies of insurance will be substantially increased. There are presently no material claims pending under such policies of insurance and no notices have been given by FSBI or any Significant Subsidiary of FSBI under such policies. All such insurance is valid and enforceable and in full force and effect, and within the last three years FSBI and each Significant Subsidiary of FSBI has received each type of insurance coverage for which it has applied and during such periods has not been denied indemnification for any material claims submitted under any of its insurance policies. FSBI DISCLOSURE SCHEDULE 4.10.3 identifies all policies of insurance maintained by FSBI and each Significant Subsidiary of FSBI as well as the other matters required to be disclosed under this Section.

Ownership of Property; Insurance Coverage. 4.10.1. (a) Except as set forth disclosed in FSBI DISCLOSURE SCHEDULE 4.10the FBKP Disclosure Schedule, FSBI FBKP and each FSBI Subsidiary has the FBKP Subsidiaries have, or will have as to property acquired after the date hereof, good and, as to real property, marketable title to all material assets and properties owned by FSBI FBKP or each FSBI any FBKP Subsidiary in the conduct of its their businesses, whether such assets and properties are real or personal, tangible or intangible, including assets and property reflected in the balance sheet sheets contained in the most recent FSBI Financial Statements FBKP Regulatory Reports and in the FBKP Financials or acquired subsequent thereto (except to the extent that such assets and properties have been disposed of for fair value, in the ordinary course of business, since the date of such balance sheetsheets), subject to no material encumbrances, liens, mortgages, security interests or pledges, except (i) those items which secure repurchase agreements and liabilities for public or statutory obligations or any discount withborrowed money from a Federal Home Loan Bank, borrowing from or other obligations to FHLB, inter-bank credit facilities, reverse repurchase agreements or any transaction by an FSBI Subsidiary acting in a fiduciary capacity, and (ii) statutory liens for amounts not yet delinquent or which are being contested in good faithfaith and (iii) items permitted under Article IV. FSBI FBKP and the FSBI FBKP Subsidiaries, as lessee, have the right under valid and existing subsisting leases of real and personal properties used by FSBI FBKP and the FSBI its Subsidiaries in the conduct of their businesses to occupy or use all such properties as presently occupied and used by each of them. Such Except as disclosed in the FBKP Disclosure Schedule, such existing leases and commitments to lease constitute or will constitute operating leases for both tax and financial accounting purposes and the lease expense and minimum rental commitments with respect to such leases and lease commitments are as disclosed in all material respects in the notes to the FSBI Financial StatementsFBKP Financials. 4.10.2. (b) With respect to all material agreements pursuant to which FSBI FBKP or any FSBI FBKP Subsidiary has purchased securities subject to an agreement to resell, if any, FSBI FBKP or such FSBI FBKP Subsidiary, as the case may be, has a valid, perfected first lien or security interest (which to FSBI’s Knowledge is a valid, perfected first lien) in the securities or other collateral securing the repurchase agreement, and the value of such collateral equals or exceeds the amount of the debt secured thereby. 4.10.3. FSBI (c) FBKP and each Significant Subsidiary of FSBI the FBKP Subsidiaries currently maintain insurance considered by each of them FBKP to be reasonable for their respective operationsoperations and similar in scope and coverage to that maintained by other businesses similarly engaged. Neither FSBI FBKP nor any Significant FBKP Subsidiary of FSBI has received notice from any insurance carrier that (i) such insurance will be canceled cancelled or that coverage thereunder will be reduced or eliminated, or (ii) premium costs with respect to such policies of insurance will be substantially increased. There are presently no material claims pending under such policies of insurance and no notices have been given by FSBI or any Significant Subsidiary of FSBI FBKP under such policies. All such insurance is valid and enforceable and in full force and effect, and within the last three years FSBI and each Significant Subsidiary of FSBI FBKP has received each type of insurance coverage for which it has applied and during such periods has not been denied indemnification for any material claims submitted under any of its insurance policies. FSBI DISCLOSURE SCHEDULE 4.10.3 identifies all policies of insurance maintained by FSBI and each Significant Subsidiary of FSBI as well as the other matters required to be disclosed under this Section.

Ownership of Property; Insurance Coverage. 4.10.1. Except as set forth in FSBI FMBT DISCLOSURE SCHEDULE 4.104.10.1, FSBI FMBT and each FSBI FMBT Subsidiary has good and, as to real property, marketable title to all material assets and properties owned by FSBI FMBT or each FSBI FMBT Subsidiary in the conduct of its businesses, whether such assets and properties are real or personal, tangible or intangible, including assets and property reflected in the balance sheet contained in the most recent FSBI FMBT Financial Statements or acquired subsequent thereto (except to the extent that such assets and properties have been disposed of in the ordinary course of business, since the date of such balance sheet), subject to no material encumbrances, liens, mortgages, security interests or pledges, except (i) those items which secure liabilities for public or statutory obligations or any discount with, borrowing from or other obligations to FHLB, inter-bank credit facilities, reverse repurchase agreements or any transaction by an FSBI FMBT Subsidiary acting in a fiduciary capacity, and (ii) statutory liens for amounts not yet delinquent or which are being contested in good faith. FSBI FMBT and the FSBI FMBT Subsidiaries, as lessee, have the right under valid and existing leases of real and personal properties used by FSBI FMBT and the FSBI FMBT Subsidiaries in the conduct of their businesses to occupy or use all such properties as presently occupied and used by each of them. Such existing leases and commitments to lease constitute or will constitute operating leases for both tax and financial accounting purposes and the lease expense and minimum rental commitments with respect to such leases and lease commitments are as disclosed in all material respects in the notes to the FSBI FMBT Financial Statements. 4.10.2. With respect to all material agreements pursuant to which FSBI FMBT or any FSBI FMBT Subsidiary has purchased securities subject to an agreement to resell, if any, FSBI FMBT or such FSBI FMBT Subsidiary, as the case may be, has a lien or security interest (which to FSBIFMBT’s Knowledge is a valid, perfected first lien) in the securities or other collateral securing the repurchase agreement, and the value of such collateral equals or exceeds the amount of the debt secured thereby. 4.10.3. FSBI FMBT and each Significant Subsidiary of FSBI FMBT currently maintain insurance considered by each of them to be reasonable for their respective operations. Neither FSBI FMBT nor any Significant Subsidiary of FSBI FMBT has received notice from any insurance carrier that (i) such insurance will be canceled or that coverage thereunder will be reduced or eliminated, or (ii) premium costs with respect to such policies of insurance will be substantially increased. There are presently no material claims pending under such policies of insurance and no notices have been given by FSBI FMBT or any Significant Subsidiary of FSBI FMBT under such policies. All such insurance is valid and enforceable and in full force and effect, and within the last three years FSBI FMBT and each Significant Subsidiary of FSBI FMBT has received each type of insurance coverage for which it has applied and during such periods has not been denied indemnification for any material claims submitted under any of its insurance policies. FSBI FMBT DISCLOSURE SCHEDULE 4.10.3 identifies all policies of insurance maintained by FSBI FMBT and each Significant Subsidiary of FSBI FMBT as well as the other matters required to be disclosed under this Section.

Ownership of Property; Insurance Coverage. 4.10.1. (a) Except as set forth disclosed in FSBI IROQ DISCLOSURE SCHEDULE 4.103.09, FSBI IROQ and each FSBI Subsidiary has the IROQ Subsidiaries have good and, as to real property, marketable title to all material assets and properties owned by FSBI IROQ or each FSBI any IROQ Subsidiary in the conduct of its their businesses, whether such assets and properties are real or personal, tangible or intangible, including assets and property reflected in the balance sheet sheets contained in the most recent FSBI Financial Statements IROQ Regulatory Reports and in the IROQ Financials or acquired subsequent thereto (except to the extent that such assets and properties have been disposed of in the ordinary course of business, since the date of such balance sheetsheets), subject to no material encumbrances, liens, mortgages, security interests or pledges, except (i) those items which secure liabilities for public or statutory obligations or any discount with, borrowing from or other obligations to FHLBany Federal Home Loan Bank, inter-bank credit facilities, reverse repurchase agreements or any transaction by an FSBI a IROQ Subsidiary acting in a fiduciary capacity, and (ii) statutory liens for amounts not yet delinquent or which are being contested in good faith. FSBI , and (iii) items permitted under Article V. IROQ and the FSBI IROQ Subsidiaries, as lessee, have the right under valid and existing subsisting leases of real and material personal properties used by FSBI IROQ and the FSBI its Subsidiaries in the conduct of their businesses to occupy or use all such leased properties as presently occupied and used by each of them. Such Except as disclosed in IROQ DISCLOSURE SCHEDULE 3.09(a), such existing leases and commitments to lease constitute or will constitute operating leases for both tax and financial accounting purposes and the lease expense and minimum rental commitments with respect to such leases and lease commitments are as disclosed in all material respects in the notes Notes to the FSBI Financial StatementsIROQ Financials. 4.10.2. (b) With respect to all material agreements pursuant to which FSBI IROQ or any FSBI IROQ Subsidiary has purchased securities subject to an agreement to resell, if any, FSBI IROQ or such FSBI IROQ Subsidiary, as the case may be, has a lien or security interest (which to FSBI’s Knowledge IROQ's knowledge is a valid, perfected first lien) in the securities or other collateral securing the repurchase agreement, and the value of such collateral equals or exceeds the amount of the debt secured thereby. 4.10.3. FSBI (c) IROQ and each Significant IROQ Subsidiary of FSBI currently maintain maintains insurance considered by each of them IROQ to be reasonable for their respective operationsoperations and similar in scope and coverage to that customarily maintained by other businesses similarly engaged in a similar location, in accordance with good business practice. Neither FSBI nor any Significant Subsidiary of FSBI IROQ has not received notice from any insurance carrier that (i) such insurance will be canceled or that coverage thereunder will be reduced or eliminated, or (ii) premium costs with respect to such policies of insurance will be substantially increased. There Except as disclosed in IROQ DISCLOSURE SCHEDULE 3.09(c), there are presently no material claims pending under such policies of insurance and no notices have been given by FSBI or any Significant Subsidiary of FSBI IROQ under such policies. All such insurance is valid and enforceable and in full force and effect, and within the last three years FSBI and each Significant Subsidiary of FSBI IROQ has received each type of insurance coverage for which it has applied and during such periods has not been denied indemnification for any material claims submitted under any of its insurance policies. FSBI DISCLOSURE SCHEDULE 4.10.3 identifies all policies of insurance maintained by FSBI and each Significant Subsidiary of FSBI as well as the other matters required to be disclosed under this Section.

Ownership of Property; Insurance Coverage. 4.10.1. (a) Except as set forth disclosed in FSBI DISCLOSURE SCHEDULE 4.10the ML Disclosure Schedule, FSBI ML and each FSBI Subsidiary has the ML Subsidiaries have, or will have as to property acquired after the date hereof, good and, as to real property, marketable title to all material assets and properties owned by FSBI ML or each FSBI any ML Subsidiary in the conduct of its their businesses, whether such assets and properties are real or personal, tangible or intangible, including assets and property reflected in the balance sheet sheets contained in the most recent FSBI Financial Statements ML Regulatory Reports and in the ML Financials or acquired subsequent thereto (except to the extent that such assets and properties have been disposed of for fair value, in the ordinary course of business, since the date of such balance sheetsheets), subject to no material encumbrances, liens, mortgages, security interests or pledges, except (i) those items which secure repurchase agreements and liabilities for public or statutory obligations or any discount withborrowed money from a Federal Home Loan Bank, borrowing from or other obligations to FHLB, inter-bank credit facilities, reverse repurchase agreements or any transaction by an FSBI Subsidiary acting in a fiduciary capacity, and (ii) statutory liens for amounts not yet delinquent or which are being contested in good faithfaith and (iii) items permitted under Article IV. FSBI ML and the FSBI ML Subsidiaries, as lessee, have the right under valid and existing subsisting leases of real and personal properties used by FSBI ML and the FSBI its Subsidiaries in the conduct of their businesses to occupy or use all such properties as presently occupied and used by each of them. Such Except as disclosed in the ML Disclosure Schedule, such existing leases and commitments to lease constitute or will constitute operating leases for both tax and financial accounting purposes and the lease expense and minimum rental commitments with respect to such leases and lease commitments are as disclosed in all material respects in the notes to the FSBI Financial StatementsML Financials. 4.10.2. (b) With respect to all material agreements pursuant to which FSBI ML or any FSBI ML Subsidiary has purchased securities subject to an agreement to resell, if any, FSBI ML or such FSBI ML Subsidiary, as the case may be, has a valid, perfected first lien or security interest (which to FSBI’s Knowledge is a valid, perfected first lien) in the securities or other collateral securing the repurchase agreement, and the value of such collateral equals or exceeds the amount of the debt secured thereby. 4.10.3. FSBI (c) ML and each Significant Subsidiary of FSBI the ML Subsidiaries currently maintain insurance considered by each of them ML to be reasonable for their respective operationsoperations and similar in scope and coverage to that maintained by other businesses similarly engaged. Neither FSBI ML nor any Significant ML Subsidiary of FSBI has received notice from any insurance carrier that (i) such insurance will be canceled cancelled or that coverage thereunder will be reduced or eliminated, or (ii) premium costs with respect to such policies of insurance will be substantially increased. There are presently no material claims pending under such policies of insurance and no notices have been given by FSBI or any Significant Subsidiary of FSBI under such policies. All such insurance is valid and enforceable and in full force and effect, and within the last three years FSBI and each Significant Subsidiary of FSBI has received each type of insurance coverage for which it has applied and during such periods has not been denied indemnification for any material claims submitted under any of its insurance policies. FSBI DISCLOSURE SCHEDULE 4.10.3 identifies all policies of insurance maintained by FSBI and each Significant Subsidiary of FSBI as well as the other matters required to be disclosed under this Section.

Ownership of Property; Insurance Coverage. 4.10.1. (a) Except as set forth disclosed in FSBI DISCLOSURE SCHEDULE 4.10the ML Disclosure Schedule, FSBI ML and each FSBI Subsidiary has the ML Subsidiaries have, or will have as to property acquired after the date hereof, good and, as to real property, marketable title to all material assets and properties owned by FSBI ML or each FSBI any ML Subsidiary in the conduct of its their businesses, whether such assets and properties are real or personal, tangible or intangible, including assets and property reflected in the balance sheet sheets contained in the most recent FSBI Financial Statements ML Regulatory Reports and in the ML Financials or acquired subsequent thereto (except to the extent that such assets and properties have been disposed of for fair value, in the ordinary course of business, since the date of such balance sheetsheets), subject to no material encumbrances, liens, mortgages, security interests or pledges, except (i) those items which secure repurchase agreements and liabilities for public or statutory obligations or any discount withborrowed money from a Federal Home Loan Bank, borrowing from or other obligations to FHLB, inter-bank credit facilities, reverse repurchase agreements or any transaction by an FSBI Subsidiary acting in a fiduciary capacity, and (ii) statutory liens for amounts not yet delinquent or which are being contested in good faithfaith and (iii) items permitted under Article IV. FSBI ML and the FSBI ML Subsidiaries, as lessee, have the right under valid and existing subsisting leases of real and personal properties used by FSBI ML and the FSBI its Subsidiaries in the conduct of their businesses to occupy or use all such properties as presently occupied and used by each of them. Such Except as disclosed in the ML Disclosure Schedule, such existing leases and commitments to lease constitute or will constitute operating leases for both tax and financial accounting purposes and the lease expense and minimum rental commitments with respect to such leases and lease commitments are as disclosed in all material respects in the notes to the FSBI Financial StatementsML Financials. 4.10.2. (b) With respect to all material agreements pursuant to which FSBI ML or any FSBI ML Subsidiary has purchased securities subject to an agreement to resell, if any, FSBI ML or such FSBI ML Subsidiary, as the case may be, has a valid, perfected first lien or security interest (which to FSBI’s Knowledge is a valid, perfected first lien) in the securities or other collateral securing the repurchase agreement, and the value of such collateral equals or exceeds the amount of the debt secured thereby. 4.10.3. FSBI (c) ML and each Significant Subsidiary of FSBI the ML Subsidiaries currently maintain insurance considered by each of them ML to be reasonable for their respective operationsoperations and similar in scope and coverage to that maintained by other businesses similarly engaged. Neither FSBI ML nor any Significant ML Subsidiary of FSBI has received notice from any insurance carrier that (i) such insurance will be canceled cancelled or that coverage thereunder will be reduced or eliminated, or (ii) premium costs with respect to such policies of insurance will be substantially increased. There are presently no material claims pending under such policies of insurance and no notices have been given by FSBI ML or any Significant Subsidiary of FSBI Main Line Bank under such policies. All such insurance is valid and enforceable and in full force and effect, and within the last three years FSBI and each Significant Subsidiary of FSBI ML has received each type of insurance coverage for which it has applied and during such periods has not been denied indemnification for any material claims submitted under any of its insurance policies. FSBI DISCLOSURE SCHEDULE 4.10.3 identifies all policies of insurance maintained by FSBI and each Significant Subsidiary of FSBI as well as the other matters required to be disclosed under this Section.

Ownership of Property; Insurance Coverage. 4.10.1. (a) Except as set forth disclosed in FSBI DISCLOSURE SCHEDULE 4.10the First Home Disclosure Schedule, FSBI First Home and each FSBI Subsidiary has the First Home Subsidiaries have, or will have as to property acquired after the date hereof, good and, as to real property, marketable title to all material assets and properties owned by FSBI First Home or each FSBI any First Home Subsidiary in the conduct of its their businesses, whether such assets and properties are real or personal, tangible or intangible, including assets and property reflected in the balance sheet sheets contained in the most recent FSBI Financial Statements First Home Regulatory Reports and in the First Home Financials or acquired subsequent thereto (except to the extent that such assets and properties have been disposed of for fair value, in the ordinary course of business, since the date of such balance sheetsheets), subject to no material encumbrances, liens, mortgages, security interests or pledges, except (i) those items which secure repurchase agreements and liabilities for public or statutory obligations or any discount withborrowed money from a Federal Home Loan Bank, borrowing from or other obligations to FHLB, inter-bank credit facilities, reverse repurchase agreements or any transaction by an FSBI Subsidiary acting in a fiduciary capacity, and (ii) statutory liens for amounts not yet delinquent or which are being contested in good faithfaith and (iii) items permitted under Article IV. FSBI First Home and the FSBI First Home Subsidiaries, as lessee, have the right under valid and existing subsisting leases of real and personal properties used by FSBI First Home and the FSBI its Subsidiaries in the conduct of their businesses to occupy or use all such properties as presently occupied and used by each of them. Such Except as disclosed in the First Home Disclosure Schedule, such existing leases and commitments to lease constitute or will constitute operating leases for both tax and financial accounting purposes and the lease expense and minimum rental commitments with respect to such leases and lease commitments are as disclosed in all material respects in the notes Notes to the FSBI Financial StatementsFirst Home Financials. 4.10.2. (b) With respect to all material agreements pursuant to which FSBI First Home or any FSBI First Home Subsidiary has purchased securities subject to an agreement to resell, if any, FSBI First Home or such FSBI First Home Subsidiary, as the case may be, has a valid, perfected first lien or security interest (which to FSBI’s Knowledge is a valid, perfected first lien) in the securities or other collateral securing the repurchase agreement, and the value of such collateral equals or exceeds the amount of the debt secured thereby. 4.10.3. FSBI (c) First Home and each Significant Subsidiary of FSBI the First Home Subsidiaries currently maintain insurance considered by each of them First Home to be reasonable for their respective operationsoperations and similar in scope and coverage to that maintained by other businesses similarly engaged. Neither FSBI First Home nor any Significant First Home Subsidiary of FSBI has received notice from any insurance carrier that (i) such insurance will be canceled cancelled or that coverage thereunder will be reduced or eliminated, or (ii) premium costs with respect to such policies of insurance will be substantially increased. There are presently no material claims pending under such policies of insurance and no notices have been given by FSBI First Home or any Significant Subsidiary of FSBI First Home Savings under such policies. All such insurance is valid and enforceable and in full force and effect, and within the last three years FSBI First Home and each Significant Subsidiary of FSBI has First Home Savings have received each type of insurance coverage for which it has they have applied and during such periods has have not been denied indemnification for any material claims submitted under any of its their insurance policies. FSBI DISCLOSURE SCHEDULE 4.10.3 identifies all policies of insurance maintained by FSBI and each Significant Subsidiary of FSBI as well as the other matters required to be disclosed under this Section.

Ownership of Property; Insurance Coverage. 4.10.1. (a) Except as set forth disclosed in FSBI DISCLOSURE SCHEDULE 4.10the First Home Disclosure Schedule, FSBI First Home and each FSBI Subsidiary has the First Home Subsidiaries have, or will have as to property acquired after the date hereof, good and, as to real property, marketable title to all material assets and properties owned by FSBI First Home or each FSBI any First Home Subsidiary in the conduct of its their businesses, whether such assets and properties are real or personal, tangible or intangible, including assets and property reflected in the balance sheet sheets contained in the most recent FSBI Financial Statements First Home Regulatory Reports and in the First Home Financials or acquired subsequent thereto (except to the extent that such assets and properties have been disposed of for fair value, in the ordinary course of business, since the date of such balance sheetsheets), subject to no material encumbrances, liens, mortgages, security interests or pledges, except (i) those items which secure repurchase agreements and liabilities for public or statutory obligations or any discount withborrowed money from a Federal Home Loan Bank, borrowing from or other obligations to FHLB, inter-bank credit facilities, reverse repurchase agreements or any transaction by an FSBI Subsidiary acting in a fiduciary capacity, and (ii) statutory liens for amounts not yet delinquent or which are being contested in good faithfaith and (iii) items permitted under Article IV. FSBI First Home and the FSBI First Home Subsidiaries, as lessee, have the right under valid and existing subsisting leases of real and personal properties used by FSBI First Home and the FSBI its Subsidiaries in the conduct of their businesses to occupy or use all such properties as presently occupied and used by each of them. Such Except as disclosed in the First Home Disclosure Schedule, such existing leases and commitments to lease constitute or will constitute operating leases for both tax and financial accounting purposes and the lease expense and minimum rental commitments with respect to such leases and lease commitments are as disclosed in all material respects in the notes Notes to the FSBI Financial StatementsFirst Home Financials. 4.10.2. (b) With respect to all material agreements pursuant to which FSBI First Home or any FSBI First Home Subsidiary has purchased securities subject to an agreement to resell, if any, FSBI First Home or such FSBI First Home Subsidiary, as the case may be, has a valid, perfected first lien or security interest (which to FSBI’s Knowledge is a valid, perfected first lien) in the securities or other collateral securing the repurchase agreement, and the value of such collateral equals or exceeds the amount of the debt secured thereby. 4.10.3. FSBI (c) First Home and each Significant Subsidiary of FSBI the First Home Subsidiaries currently maintain insurance considered by each of them First Home to be reasonable for their respective operationsoperations and similar in scope and coverage to that maintained by other businesses similarly engaged. Neither FSBI First Home nor any Significant First Home Subsidiary of FSBI has received notice from any insurance carrier that (i) such insurance will be canceled cancelled or that coverage thereunder will be reduced or eliminated, or (ii) premium costs with respect to such policies of insurance will be substantially increased. There are presently no material claims pending under such policies of insurance and no notices have been given by FSBI First Home or any Significant Subsidiary of FSBI First Home Savings under such policies. All such insurance is valid and enforceable and in full force and effect, and within the last three years FSBI First Home and each Significant Subsidiary of FSBI has First Home Savings have received each type of insurance coverage for which it has applied and during such periods has not been denied indemnification for any material claims submitted under any of its insurance policies. FSBI DISCLOSURE SCHEDULE 4.10.3 identifies all policies of insurance maintained by FSBI and each Significant Subsidiary of FSBI as well as the other matters required to be disclosed under this Section.A-14

Ownership of Property; Insurance Coverage. 4.10.1. Except as set forth in FSBI DISCLOSURE SCHEDULE 4.10, FSBI (a) FC Bancorp and each FSBI Subsidiary has of the FC Bancorp Subsidiaries has, or will have as to property acquired after the date hereof, good and, as to real property, marketable title to all material assets and properties owned by FSBI FC Bancorp or each FSBI any FC Bancorp Subsidiary in the conduct of its businessestheir businesses (“Owned Properties”), whether such assets and properties are real or personal, tangible or intangible, including assets and property reflected in the balance sheet sheets contained in the most recent FSBI Financial Statements FC Bancorp Regulatory Reports and in the FC Bancorp Financials or acquired subsequent thereto (except to the extent that such assets and properties have been disposed of for fair value, in the ordinary course of business, since the date of such balance sheetsheets), subject to no material encumbrances, liens, mortgages, security interests or pledges, except (i) those items which secure repurchase agreements and liabilities for public or statutory obligations or any discount withborrowed money from a Federal Home Loan Bank, borrowing from or other obligations to FHLB, (ii) inter-bank credit facilities, reverse repurchase agreements or any transaction by an FSBI a FC Bancorp Subsidiary acting in a fiduciary capacity, and (iiiii) those reflected in the notes to the FC Bancorp Financials, (iv) statutory liens for amounts not yet delinquent or which are being contested in good faith, and (v) the items disclosed in FC Bancorp Disclosure Schedule 2.11 (collectively the “FC Bancorp Permitted Encumbrances”). FSBI FC Bancorp and the FSBI FC Bancorp Subsidiaries, as lessee, have the right under valid and existing subsisting leases of real and personal properties used by FSBI FC Bancorp and the FSBI its Subsidiaries in the conduct of their businesses to occupy or use all such properties as presently occupied and used by each of them. Such Except as disclosed in Section FC Bancorp Disclosure Schedule 2.11, such existing leases and commitments to lease constitute or will constitute operating leases for both tax and financial accounting purposes and the lease expense and minimum rental commitments with respect to such leases and lease commitments are as disclosed in all material respects in the notes to the FSBI Financial StatementsFC Bancorp Financials. 4.10.2. (b) With respect to all material agreements pursuant to which FSBI FC Bancorp or any FSBI FC Bancorp Subsidiary has purchased securities subject to an agreement to resell, if any, FSBI FC Bancorp or such FSBI FC Bancorp Subsidiary, as the case may be, has a valid, perfected first lien or security interest (which to FSBI’s Knowledge is a valid, perfected first lien) in the securities or other collateral securing the repurchase agreement, and the value of such collateral equals or exceeds the amount of the debt secured thereby. 4.10.3(c) A true and complete copy of each agreement pursuant to which FC Bancorp or any of the FC Bancorp Subsidiaries leases any real property (such agreements, together with any amendments, modifications and other supplements thereto, collectively, the “Leases”), has heretofore been delivered to ACNB. FSBI Assuming due authorization, execution and delivery by each Significant Party thereto other than FC Bancorp or an FC Bancorp Subsidiary party thereto, as the case may be, each Lease is enforceable in accordance with its terms and is in full force and effect, except as may be limited by bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the rights of FSBI creditors generally and the availability of equitable remedies. There is not under any such Lease any material existing default by FC Bancorp or any of the FC Bancorp Subsidiaries or, to the Knowledge of FC Bancorp, any party thereto, or any event which with notice of lapse of time or both would constitute such a default. The consummation of the transactions this Agreement contemplates will not cause any default under the Leases, provided the consents and notices disclosed in FC Bancorp Disclosure Schedule 2.04 have been obtained or made, except for any such default which would not, individually or in the aggregate, have a Material Adverse Effect on FC Bancorp. (d) The Owned Properties and the properties leased pursuant to the Leases (the “Leased Properties”) constitute all of the real estate on which FC Bancorp and the FC Bancorp Subsidiaries maintain their facilities or conduct their business as of the date of this Agreement, except for locations the loss of which would not result in a Material Adverse Effect on FC Bancorp. (e) A true and complete copy of each agreement pursuant to which FC Bancorp or any of the FC Bancorp Subsidiaries leases real property to a third party (such agreements, together with any amendments, modifications and other supplements thereto, collectively, the “Third Party Leases”) has heretofore been delivered to ACNB. Assuming the due authorization, execution and delivery by the counterparty thereto, each Third Party Lease is valid, binding and enforceable in accordance with its terms and is in full force and effect, except as may be limited by bankruptcy, insolvency, moratorium, reorganization or similar laws affecting the rights of creditors generally and the availability of equitable remedies. To the Knowledge of FC Bancorp, there are no existing defaults by the tenant under any Third Party Lease, and no event has occurred which with notice or lapse of time or both would constitute such a default or which individually or in the aggregate would have a Material Adverse Effect on FC Bancorp. (f) FC Bancorp and the FC Bancorp Subsidiaries currently maintain insurance considered by each of them FC Bancorp to be reasonable for their respective operationsoperations and similar in scope and coverage to that maintained by other businesses similarly engaged. Neither FSBI FC Bancorp nor any Significant FC Bancorp Subsidiary of FSBI has received notice from any insurance carrier that (i) such insurance will be canceled cancelled or that coverage thereunder will be reduced or eliminated, or (ii) premium costs with respect to such policies of insurance will be substantially increased. There are presently no material claims pending under such policies of insurance and no notices have been given by FSBI FC Bancorp or any Significant FC Bancorp Subsidiary of FSBI under such policies. All such insurance is valid and enforceable and in full force and effect, and within the last three five (5) years FSBI and each Significant Subsidiary of FSBI FC Bancorp has received each type of insurance coverage for which it has applied and during such periods has not been denied indemnification for any material claims submitted under any of its insurance policies. FSBI DISCLOSURE SCHEDULE 4.10.3 identifies all policies of insurance maintained by FSBI and each Significant Subsidiary of FSBI as well as the other matters required to be disclosed under this Section.