NON-SOLICITATION, NON-COMPETITION, NON-DISCLOSURE AND CONFIDENTIALITY AGREEMENT

Exhibit 10.4

NON-SOLICITATION, NON-COMPETITION,

NON-DISCLOSURE AND CONFIDENTIALITY AGREEMENT

In consideration of my employment or continued employment by Omni National Bank (“Company”) and in further consideration of a payment in the amount of Seventy Five Thousand ($75,000.00) Dollars, the receipt and sufficiency of which are hereby acknowledged, I, Jeffrey L. Levine, S.S. # (Intentionally Omitted) , who resides at (Intentionally Omitted), (“Employee”) agree to the following:

During my employment and for one (1) year immediately following the cessation of my employment with the Company for any reason, I shall not, on my own behalf or on behalf of any person, firm, partnership, association, corporation or business organization, entity or enterprise (except Company), solicit any customer of the Company, or any representative of any customer of the Company, with a view to selling or providing any product, equipment or service competitive with any product, equipment or service of the Company Business, as defined herein, during the twelve (12) month period immediately preceding cessation of my employment with the Company, provided that the restrictions set forth in this section shall apply only to customers of the Company, or representatives of customers of the Company, with whom I had material contact during such twelve (12) month period. “Material contact” exists between myself and each of the Company’s existing customers: (i) with whom I actually dealt for a business purpose while employed by the Company or to further a business relationship between the customer and the Company; or (ii) whose business dealings with the Company were handled, coordinated or supervised by me.

During my employment and for one (1) year immediately following the cessation of my employment with the Company for any reason, I will not solicit or in any manner encourage employees of the Company to leave the employ of the Company. The foregoing prohibition applies only to employees with whom I had material contact pursuant to my duties during the twelve (12) month period immediately preceding cessation of my employment with the Company. “Material contact” means interaction between myself and another employee of the Company: (i) with whom I actually dealt; or (ii) whose employment or dealings with the Company or services for the Company were handled, coordinated or supervised by me.

C. Non-competition . I acknowledge that my specialized skills, abilities and contacts are important to the success of the Company, and agree that I shall faithfully and strictly adhere to the terms hereof. I acknowledge that by reason of the character and nature of the Company’s business activities and operations, and further by reason of the scope of the territory in which I perform and will perform the Services (as defined below), in order to protect the Company’s legitimate business interests it is necessary for me to agree not to engage in certain specified activities in such territory at any time during my employment and for a period of time thereafter. Therefore, at all times during my employment with the Company, and for a period of two (2) years thereafter, I will not, directly or indirectly, within the Territory (as defined below), (a) for myself, (b) as a consultant, manager, supervisor, employee or owner of a Competing Business

(as defined below), or (c) as an independent contractor for a Competing Business, engage in any business in which I provide services which are the same as or substantially similar to the Services. “Competing Business” shall mean any person, business or entity who or which sells, markets or distributes products and/or sells, furnishes or provides services substantially the same as those sold, marketed, distributed, furnished or supplied by the Company during the term of my employment with the Company. “Territory” shall mean the geographic area encompassed within a sixty (60) mile radius of the Company’s office at 1100 Abernathy Road, Atlanta, Georgia. I agree that the Company and I may amend the definition of “Territory” from and after the date hereof to reflect any significant contraction or expansion of the geographical area in which I actually perform the Services. “Services” shall mean the manager of the operations department for warehouse lending.

1. TRADE SECRETS. I acknowledge that the Company is engaged in the business (“Company Business”) of Commercial and Retail Banking, and the Employee will be employed in a specialized area commonly referred to as: “redevelopment lending”. Redevelopment lending can be further described as lending money to borrower who acquire dilapidated, inner-city single and multi-family homes, who after acquisition, re-habilitate those structures for occupancy and/or sale. I acknowledge that this highly specialized area of lending is unique and to my knowledge there are no other banks conducting this business in the geographical area as set forth above. I further acknowledge that prior to joining the Company, I was not employed in this line of business. I further acknowledge that in order to conduct its business, the Company owns and uses trade secrets as defined under applicable law (O.C.G.A. § 10-1-761(4)). “Trade secret(s)” means information, without regard to form, including, but not limited to, technical or non-technical data, a formula, a pattern, a compilation, a program, a device, a method, a technique, a drawing, a process, financial data, financial plans, product plans, or a list of actual or potential customers or suppliers which is not commonly known by or available to the public and which information: (a) derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. I further acknowledge that in the course of my employment with the Company and in order to carry out my duties thereund