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[¶11,898] In the Matter of First Tri-County Bank, Swanton, Nebraska, Docket No.
01-130k (2-27-02).
Respondent agrees to pay civil money penalty assessed by the FDIC in
the amount of $1,750.
In the Matter of
FIRST TRI-COUNTY BANK
SWANTON, NEBRASKA
(Insured State Nonmember Bank)
ORDER TO PAY CIVIL MONEY PENALTY
FDIC-01-130k
First Tri-County Bank, Swanton, Nebraska ("Bank") has been
advised of the right to receive a NOTICE OF ASSESSMENT OF CIVIL MONEY
PENALTY, FINDINGS OF FACT AND CONCLUSIONS OF LAW, ORDER TO PAY, AND
NOTICE OF HEARING ("NOTICE") issued by the Federal Deposit
Insurance Corporation ("FDIC") detailing the violations for which
a civil money penalty may be assessed against the Bank pursuant to the
Flood Disaster Protection Act of 1973 ("Flood Act"), as amended,
42 U.S.C. §4012a, section 8(i)(2) of the Federal Deposit Insurance
Act ("FDI Act"), 12 U.S.C. §1818(i)(2), and Part 339 of the
FDIC Rules and Regulations, 12 C.F.R. Part 339, and has been further
advised of the right to a hearing on the alleged charges under the
Flood Act, 42 U.S.C. §4012a(f), section 8(i) of the FDI Act, 12
U.S.C. §1818(i), and the FDIC Rules of Practice and Procedure, 12
C.F.R. Part 308.
Having waived those rights, the Bank entered into a STIPULATION AND
CONSENT TO THE ISSUANCE OF AN ORDER TO PAY CIVIL MONEY PENALTY with a
representative of the Legal Division of the FDIC, whereby solely for
the purpose of this proceeding and without admitting or denying any
violations, the Bank consented and agreed to pay a civil money penalty
in the amount of $1,750 related to the violations of the Flood Act, 42
U.S.C. §4012a, and Part 339 of the FDIC Rules and Regulations, 12
C.F.R. Part 339, cited at the FDIC's May 15, 2001, examination, in
that it has made, increased, extended or renewed loans secured by a
building or mobile home located or to be located in a special flood
hazard area without requiring that the collateral be covered by flood
insurance.
The FDIC considered the matter and determined it had reason to believe
that the
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Bank has engaged or participated in violations of law or
regulations for which a civil money penalty of $1,750 is appropriate to
be assessed against the Bank, pursuant to the Flood Act, 42 U.S.C.
§4012a, section 8(i)(2) of the FDI Act, 12 U.S.C. §1818(i)(2),
and Part 339 of the FDIC Rules and Regulations, 12 C.F.R. Part 339.
ORDER TO PAY CIVIL MONEY PENALTY
IT IS HEREBY ORDERED that the Bank be, and hereby is, assessed a
civil money penalty of $1,750 pursuant to the Flood Act, 42 U.S.C.
§4012a, section 8(i)(2) of the FDI Act, 12 U.S.C. §1818(i)(2),
and Part 339 of the FDIC Rules and Regulations, 12 C.F.R. Part 339, the
receipt of which is acknowledged.
This Order to Pay Civil Money Penalty shall be effective upon its
issuance.
Pursuant to delegated authority.
Dated at Washington, D.C., this 27th day of February, 2002.