FIRST UNITED SECURITY BANK
DIRECTOR RETIREMENT AGREEMENT
DATED OCTOBER 17, 2002
HARDIE B. KIMBROUGH
THIS FIRST AMENDMENT is adopted this 20th day of November, 2008, effective as of January 1, 2005, by and among
United Security Bancshares, Inc., a Delaware corporation (“USB”), First United Security Bank, a state-chartered commercial
bank located in Thomasville, Alabama (“FUSB”) (USB and FUSB collectively are referred to herein as the “Company”), and
HARDIE B. KIMBROUGH (the “Director”).
The Company and the Director executed the First United Security Bank Director Retirement Agreement on October 17,
2002, effective as of September 1, 2002 (the “Agreement”).
The undersigned hereby amend the Agreement for the purpose of bringing the Agreement into compliance with
Section 409A of the Internal Revenue Code. Therefore, the following changes shall be made:
1. Section 1.8 of the Agreement shall be deleted in its entirety.
2. The following Section 1.11a shall be added to the Agreement immediately following Section 1.11:
3. Section 1.13 of the Agreement shall be deleted in its entirety and replaced by the following:
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1.11a “ Specified Employee ” means a key employee (as defined in Section 416(i) of the Code without regard to
paragraph 5 thereof) of USB if any stock of USB is publicly traded on an established securities market or otherwise.
A Specified Employee shall be specifically defined and determined in accordance with Section 409A of the Code
and any and all Treasury regulations and guidance promulgated thereunder.
1.13 “ Termination of Service ” means the termination of the Director’s service with the Company for reasons other
than death. Whether a Termination of Service takes place is determined based on the facts and circumstances
surrounding the termination of the Director’s service and whether the Company and the Director intended for the
Director to provide significant services for the Company following