X0303 4 2009-04-23 0 0001071992 CAPITAL BANK CORP CBKN 0001247305 KOURY ERNEST A JR 2316 TUCKER STREET EAST BURLINGTON NC 27215 1 0 0 0 Common Stock 2435 D Common Stiock 1500 I As Custodian for Minor Child Phantom Stock Units 2010-01-01 2010-01-01 Common Stock 4239 4239 D Phantom Stock Units (Common Stock) 2009-04-23 4 A 0 1274 5.42 A 2011-01-27 2011-01-27 Common Stock 1274 1274 D "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. Nancy A. Snow, by power of attorney 2009-04-24