1 EXHIBIT 5 [FOSTER, SWIFT, COLLINS & SMITH, P.C. LETTERHEAD] June 22, 1999 Commercial National Financial Corporation 101 North Pine River Ithaca, MI 48847 Dear Gentlemen: Re: Commercial National Financial Corporation Registration Statement on Form S-3 You have requested our opinion as counsel to Commercial National Financial Corporation, a Michigan corporation, in connection with a Registration Statement filed with the Securities and Exchange Commission under the Securities Act of 1933, as amended, on Form S-3. The Registration Statement relates to the offering of an additional 50,000 shares of Commercial National Financial Corporation common stock to be issued to stockholders in connection with the Commercial National Financial Corporation Dividend Reinvestment Plan. Based upon such examination and upon examination of such other instruments and records as we deem necessary, we are of the opinion that: 1. The Corporation has been duly incorporated under the laws of the State of Michigan, and is validly existing and in good standing under the laws of that state. 2. The 50,000 shares of common stock covered by this Registration Statement have been legally authorized; and when such shares have been duly delivered to stockholders against payment therefore as contemplated by the Commercial National Financial Corporation Dividend Reinvestment Plan, such shares will be legally issued, fully paid and nonassessable. This opinion is furnished for use as an Exhibit to the Registration Statement. We hereby consent to the filing of this opinion as an Exhibit to the Registration Statement. FOSTER, SWIFT, COLLINS & SMITH, P.C. /s/ Foster, Swift, Collins & Smith, P.C.