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FDIC Enforcement Decisions and Orders

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{{8-31-98 p.C-4570}}
   [11,535] In the Matter of First State Bank, New London, Wisconsin, Docket No. HMD-97-9696-060 (6-29-98)

   Bank agrees to pay civil money penalty assessed by FDIC for violation of Home Mortgage Disclosure Act.
In the Matter of

FIRST STATE BANK
NEW LONDON,WISCONSIN
(Insured State Nonmember Bank
STIPULATION AND
CONSENT ORDER TO PAY

HMD-97-9696-060

   Subject to the acceptance of this STIPULATION AND CONSENT ORDER TO PAY (CONSENT ORDER"), by the Federal Deposit Insurance Corporation ("FDIC"), it is hereby stipulated and agreed between a representative of the Legal Division of the FDIC and First State Bank, New London, Wisconsin ("Institution"), as follows:
   1. The Institution, without admitting or denying liability in this action, agrees to the issuance of this CONSENT ORDER, assessing a civil money penalty pursuant to section 8(i) of the Federal Deposit Insurance Act ("Act"), 12 U.S.C. § 1818(i), section 305 of the Home Mortgage Disclosure Act, 12 U.S.C. § 2804, and section 203.6 of Regulation C of the Board of Governors of the Federal Reserve System, 12 C.F.R. § 203.6.
   2. This CONSENT ORDER shall become effective upon its issuance by the FDIC, and fully enforceable by the FDIC pursuant to the provisions of section 8(i) of the Act, 12 U.S.C. § 1818(i)(2)(I), subject only to the provisions of paragraph 3 set forth herein.
   3. In the event the FDIC accepts and issues this CONSENT ORDER, it is agreed that no action will be taken to enforce said CONSENT ORDER in the appropriate United States District Court unless the Institution has failed to comply with the provisions of this CONSENT ORDER.
   4. The Institution agrees to pay the civil money penalty of $3,000 in the form of a check, payable to the Treasury of the United States, contemporaneously with its execution of this CONSENT ORDER.

       5. The Institution hereby waives:
       (a) Its right to the issuance of a formal NOTICE OF ASSESSMENT OF CIVIL MONEY PENALTY, FINDINGS OF FACT, AND CONCLUSIONS OF LAW ("NOTICE OF ASSESSMENT"), detailing the alleged charges giving rise to the {{2-29-00 p.C-4571}}assessment of a civil money penalty, and a NOTICE OF HEARING;
       (b) All defenses in this proceeding;
       (c) The filing of FINDINGS OF FACT AND CONCLUSIONS OF LAW;
       (d) A hearing for the purpose of taking evidence on the allegations set forth in the NOTICE OF ASSESSMENT;
       (e) A recommended decision by an Administrative Law Judge; and
       (f) Exceptions and briefs with respect to such recommended decision.
   Accepted and issued by the FDIC this 29th day of June, 1998.

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Last Updated 6/6/2003 legal@fdic.gov