X0303 4 2009-02-05 0 0001071992 CAPITAL BANK CORP CBKN 0001208819 KELLER OSCAR A III P. O. BOX 130 SANFORD NC 27331 1 0 0 0 Common Stock 2009-02-05 4 P 0 150000 4.10 A 241262 D Common Stock 20372 D Common Stock 14098 I By IRA Common Stock 12968 I By Spouse's IRA Common Stock 4528 I As Custodian for Children and Grandchildren Stock Option (Right to Buy) 8 2000-01-03 2010-01-03 Common Stock 5000 5000 D Stock Option (Right to Buy) 10.65 2001-12-28 2011-12-28 Common Stock 9300 9300 D Stock Option (Right to Buy) 18.36 2004-12-31 2014-12-31 Common Stock 3500 3500 D Phantom Stock Units Common Stock 15409 15409 D Phantom Stock Units 2010-01-01 2010-01-01 Common Stock 4296 15801 D Owned jointly with spouse. The reporting person disclaims beneficial ownership of securities owned by spouse. "Phantom stock units" acquired by the reporting person from the Capital Bank Corporation Deferred Compensation Plan for Outside Directors (As Amended and Restated November 20, 2008). Each phantom stock unit is the economic equivalent of one share of Capital Bank Corporation common stock. The units are payable in stock upon the reporting person's termination of service as a director due to complete retirement, disability, death, or other separation from service, or upon a date certain specified by the participant. Securities held equally for four children and four grandchildren. Between January 22, 2009 and the date of this report, the reporting person acquired 115 shares of Capital Bank Corporation common stock under the Capital Bank Corporation dividend reinvestment plan. Between January 22, 2009 and the date of this report, the reporting person acquired 298 shares of Capital Bank Corporation common stock under the Capital Bank Corporation dividend reinvestment plan. Between January 22, 2009 and the date of this report, the reporting person acquired 72 shares of Capital Bank Corporation common stock under the Capital Bank Corporation dividend reinvestment plan. Nancy A. Snow, by power of attorney 2009-02-06