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Bank Failures

Question and Answer Guide

Community Bank of Nevada, Las Vegas, NV

FDIC Call Center
Toll free number 1-877-875-4744
Hours of Operation – Pacific Time
Friday, August 14, 2009: Until 9:00 p.m.
Saturday, August 15, 2009: 9:00 a.m. – 6:00 p.m.
Sunday, August 16, 2009: Noon – 6:00 p.m.
Thereafter: 8:00 a.m. – 8:00 p.m.

Is My Account Fully Insured? (closedbanks.fdic.gov/drrip/AFI/Search/)

Electronic Deposit Insurance Estimator   (edie.fdic.gov)

On Friday, August 14, 2009, the State of Nevada Financial Institutions Division closed Community Bank of Nevada, Las Vegas, NV. Subsequently, the Federal Deposit Insurance Corporation (FDIC) was appointed as Receiver. The Federal Deposit Insurance in its capacity as Receiver has negotiated with Nevada State Bank to serve as paying agent and administer the orderly payment of certain deposits. According to regulatory policy, the public is not given advance notice of the closure.

On Monday, August 17, 2009, the bank will be re-opened as Deposit Insurance National Bank of Las Vegas, NV ("DINB OF Las Vegas").

Personal checks drawn on Community Bank of Nevada will continue to clear as usual up to the available balance until September 14, 2009. Checks for insured transaction accounts remaining on September 14, 2009 will be sent to your mailing address on record with Community Bank of Nevada. These will be mailed on September 15, 2009, and you should receive these checks by the end of the week.

Customers are encouraged to open new accounts with another institution as soon as possible. Any automatic transactions, including social security checks and automated payments, will need to be established with a new institution. Nevada State Bank has agreed to accept all social security checks and all automatic payments (ACH).

Cashier’s checks drawn on Community Bank of Nevada will continue to clear as usual. Holders of these checks should cash them as soon as possible.

Checking and Money Market Accounts: You will have continued access to your insured checking accounts funds by using your same checks through close of business September 14, 2009. Checks which have not cleared your account by that date will be returned. Once you have identified your outstanding checks and verified your balance, you can also write a check to close your account.

Savings, Certificates of Deposit (CD) and Individual Retirement Accounts (IRA): Checks for insured Savings, CDs and insured IRAs will be sent to your mailing address on record with Community Bank of Nevada. These will be mailed on Monday, August 17, 2009, and you should receive these checks by the end of the week. The checks are drawn on DINB of Las Vegas.

Direct Deposits: All direct deposits, including Social Security checks, will continue into transaction accounts through close of business, September 14, 2009. If the direct deposit is made intoa savings account, you should make other arrangements as soon as possible.

DEPOSIT QUESTIONS

  1. Over $250,000: What if I have more than $250,000 in my accounts at Community Bank of Nevada?
  2. Account Hold: I have been advised there is a hold on my account. What does that mean?
  3. Account Insurance Status: Is there a method to verify whether my account(s) at Community Bank of Nevada are fully insured?
  4. ATM/Debit Card/Checks: Can I continue to write checks or use my ATM/Debit card?
  5. Automatic Payments/Online Billpay: Will my automatic payments through Billpay continue?
  6. Brokered Deposits/Deposit Broker: I am a deposit broker or I have brokered deposits. What do I need to do?
  7. Checks not honored: A merchant will not honor my check. What can I do?
  8. Claim Account(s): How do I claim my account(s)?
  9. Customer Impact: How does this failure affect me?
  10. Direct Deposits - Government Deposits: What will happen to my direct deposits?
  11. Early withdrawal penalty: Will I incur an early withdrawal penalty on my closed CD?
  12. Final Statement: How will I get my final account statement(s) from Community Bank of Nevada?
  13. Interest: Will I continue to earn interest at the same rate?
  14. Interest Checks/Cashier's Checks: Can I cash my interest check or cashier's check?
  15. Internet Connection: Will my Internet connection to Community Bank of Nevada work?
  16. IRAs: What if I have an Individual Retirement Account (IRA)? Will this be considered another rollover?
  17. Lose Any Money: Will I lose anything on my deposit account?
  18. Outstanding Checks: What will happen to the checks which have not cleared my account?
  19. Records/Account Histories: What if I need information regarding my account during the time Community Bank of Nevada was in business?
  20. Tax Reporting - 1098/1099s: Who will send my 1098 and/or 1099 information after the end of the year?
  21. Uninsured: Will I collect my uninsured deposits?
  22. Wire Transfer: Can funds be wired to me?

LOAN QUESTIONS

  1. Automatic Payments: Will my automatic transaction payment still occur on its assigned date?
  2. Construction Loan Draws: Will construction draws continue? Will my project be completed?
  3. Construction Loan Voucher Control: Will my subcontractors be paid as before?
  4. Escrows: Will you continue to pay my escrows?
  5. Fees: Are there any changes to fees or charges due to this event?
  6. Foreclosures: Will the FDIC continue foreclosures in process?
  7. Lender and contact names: Who is my lender and has my loan contact changed?
  8. Loan Sales: Will my loan be sold?
  9. Line of Credit – Home Equity: Can I continue to perform advances on my line of credit?
  10. Loan in Process: I have a loan currently in process. How is my loan affected?
  11. Loan Sweeps: Will my loan sweep be discontinued?
  12. Overdraft Line of Credit: Will my overdraft line of credit continue to cover my overdrafts?
  13. Payments: How and where do I make my payments?
  14. Pre-payment Penalty: If I refinance with another lender, will my pre-payment penalty be waived?
  15. SBA Application in Process: What will happen to my SBA loan application in process?
  16. What Happens Now: What will happen to my loan?

GENERAL QUESTIONS

  1. All-Deposit Transfer versus Insured Deposit Transfer: Why do all deposits, insured or not, pass is some transactions but not in others?
  2. FDIC Insurance: How can I find out more about Federal Deposit Insurance rules?
  3. Media: I represent a TV/Newspaper/Radio and would like some information.
  4. New Bank Insured: Is the new bank insured by the FDIC?
  5. Safe Deposit Boxes: How can I claim the contents of my safe deposit box?
  6. Shareholders: I am a shareholder. What happens to my shares?
  7. Unpaid Bill: I did some work for Community Bank of Nevada and have not yet been paid. What should I do?


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1. What if I have more than $250,000 in my accounts at Community Bank of Nevada?

You should call the FDIC to schedule a telephone appointment with an FDIC Claims Agent at 1-800-331-6306. If you have more than $250,000 in your interest-bearing account, or if the total of your related interest-bearing accounts exceeds $250,000, your accounts may require review by an FDIC Claims Agent.

If you have an interest-bearing account or group of interest-bearing accounts that exceeds $250,000, you may need to complete certain declarations or affidavits and provide documentation so that the FDIC can make an insurance determination on your account(s).

If you are an investor with a deposit broker, you may need to complete a declaration or affidavit if your investment exceeds $250,000.

If your deposits DO NOT exceed $250,000, or if your deposits are in a transaction account(s), you DO NOT need to complete any documents or contact the FDIC. The balance in ALL noninterest-bearing transaction accounts (checking accounts) is fully insured.

An account hold may be placed on an account due to the need for additional documentation from a depositor. For example, a Declaration for Trust form may be required to attest to the parties involved in a trust. These forms can be mailed to you, or you can access them online at: Deposit Claims (www.fdic.gov/regulations/laws/forms/#DepositClaims).

If you have a question regarding the completion of required affidavits or declarations, please call 1-800-331-6306 and indicate you have a form completion question.


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2. I have been advised there is a hold on my account. What does that mean?

It is possible a depositor's account was held due to delinquent loans where the depositor is the borrower or guarantor. Additionally, any account pledged as collateral for a loan will continue to be held. A letter will be sent informing you of any holds placed by the FDIC, along with instructions on how to proceed. If you have any questions regarding these holds, please call your loan officer or the FDIC at the number provided in the letter.

Another reason an account hold may be placed is due to the need for additional documentation from a depositor. For example, a Declaration for Trust form may be required to attest to the parties involved in the trust. Please contact the FDIC at 1-800-331-6306 to schedule a telephone appointment.


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3. Is there a method to verify whether my account(s) at Community Bank of Nevada are fully insured?

A tool, Is My Account Fully Insured? (closedbanks.fdic.gov/drrip/AFI/Search/), is available that allows failed bank customers the ability to verify whether their account is fully insured or if they need to contact the FDIC.  This service will be available for use no later than the first business day after the bank's failure.  Once you enter your account number, your insurance status for that account will appear.  If there is a hold on your account, it may be due to the need for the additional documentation referenced in question number one.  If there is a hold, you will need to contact the FDIC at 1-800-331-6306 to schedule a telephone appointment.


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4. Can I continue to write checks or use my ATM/Debit card?

You will be able to continue using your personal checks, however, any checks clearing after close of business September 14, 2009, will be returned. You will be able to continue using your ATM/Debit card until close of business August 31, 2009.


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5. Will my automatic payments through Billpay continue?

Billpay will be available over the weekend in a read-only mode; however, it will be available for transactions for only (5) five business days from your checking account beginning on Monday morning (August 17th, 2009). Any payments scheduled MUST CLEAR your account by August 21, 2009 or they will be returned. However, you should begin to make arrangements to transition to a new online banking service as soon as possible since the service will be discontinued.


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6. I am a deposit broker or I have brokered deposits. What do I need to do?

Brokered deposits will be held by the FDIC. Should you have any questions regarding the completion of required affidavits or declarations on behalf of your client, please call 800-331-6306 and indicate you have a form completion question.

If you are a customer who has a Community Bank of Nevada deposit through a broker, you must contact your broker with any questions.


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7. A merchant will not honor my check. What can I do?

Merchants are encouraged to honor Community Bank of Nevada checks as these will continue to clear. A copy of this document or the press release (www.fdic.gov/news/news/press/2009/pr09146.html) can be provided since both documents state insured deposits have been received by DINB of Las Vegas. Community Bank of Nevada checks will continue to clear up to the available balance until close of business September 14, 2009. For interest checks/cashier's checks see question number fourteen. Copies of this press release will be available at the bank. Depositors or merchants can also call the FDIC at 1-800-331-6306 or the on-site staff at your former Community Bank of Nevada branch locations.


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8. How do I claim my account(s)?

A deposit insurance payment of your checking and/or savings account(s) up to the insured limit has been transferred to DINB of Las Vegas. Please be advised that you have until close of business September 14, 2009, to claim the insured portion of the money in your checking account(s). If you do not close your checking account by September 14, 2009 the insured portion will be mailed to you at that time. The insured portion of your savings account will be mailed to you on Monday August 17, 2009.

Checks for your insured Savings, CDs and insured IRAs will be mailed on Monday, August 17, 2009. Unclaimed monies will be escheated to the state after 18 months. Unclaimed property can be located by visiting www.missingmoney.com or contacting your state's treasurer's office or office of unclaimed property.


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9. How does this failure affect me?

You have until September 14, 2009 to close your checking account. If your deposits are in transaction account(s), the total balance(s) of your account(s) will be received by DINB of Las Vegas. Your account will be available at the Community Bank of Nevada branches or by writing checks against your Community Bank of Nevada account to open an account with another institution.

DINB OF Las Vegas has possession of your insured deposits and will continue to operate the branches until close of business September 14, 2009. You will have continued access to your money through your ATM/debit card and by writing checks. However, any checks that have not cleared by close of business September 14, 2009, will not be honored.

Insured Savings, CD and insured IRA balances will be mailed to you on Monday, August 17, 2009.

If you have more than $250,000 in your interest-bearing account (or $250,000 in your IRA), or if the total of your related interest-bearing accounts exceeds $250,000, your accounts may require review by an FDIC Claims Agent. All accounts that appear to be related are reviewed to determine ownership and insurance coverage. Certain entitlements and different types of accounts can be insured in excess of the $250,000. If you think you might have uninsured deposits, please see question number one for information regarding forms you may need to complete to expedite this process.

If you had a loan with the bank, continue to make your checks payable to Community Bank of Nevada and mail to the same address you have used in the past until you are instructed otherwise.


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10. What will happen to my direct deposits?

Direct Deposits, including Social Security checks, will continue until close of business September 14, 2009. You should immediately make arrangements with another financial institution as soon as possible and forms are available for you to facilitate this.


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11. Will I incur an early withdrawal penalty on my closed CD?

No.


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12. How will I get my final account statement(s) from Community Bank of Nevada?

DINB of Las Vegas will mail your monthly account statements at the same time you have received them in the past. Customers who have not closed their accounts by close of business September 14, 2009, will receive a final statement and a check for the remaining balance at that time.


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13. Will I continue to earn interest at the same rate?

All interest on insured deposits accrued through Friday, August 14, 2009 will be paid at your same rate. Interest will NOT continue to accrue after that date. All Savings, CD and IRA insured account balances will be mailed to your address of record with Community Bank of Nevada. You should receive these checks by the end of the week.

If you deposited funds through a broker, the interest will accrue and be paid through Friday, August 14, 2009.


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14. Can I cash my interest check or cashier's check?

Interest checks and cashier's checks will continue to clear through October 12, 2009 as those will be issued to customers closing accounts; however, customers are highly encouraged to cash these checks as soon as possible. Official checks (those issued by institutions – for example, cashiers' checks, certified checks, money orders) meet the definition of noninterest-bearing transaction accounts. Under the Temporary Liquidity Guarantee Program, noninterest-bearing transaction accounts are fully insured.


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15. Will my Internet connection to Community Bank of Nevada work?

Over the weekend, the website will be available in a read-only mode. Online transactional service is expected to resume for ONLY five business days on Monday morning through Friday August 21st. After that time, online transactional service will be disabled.

Please be advised you will not receive any email notification to claim/unlock/unsuspend your account or to provide any private information. Please be aware of any scams to obtain information from you.


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16. What if I have an Individual Retirement Account (IRA)? Will this be considered another rollover?

From the date a check is issued to you from your IRA, you have 60 days to roll this over into another retirement vehicle. You should consult IRS Publication 590 and/or your tax advisor concerning the possible tax consequences of such distribution. This publication specifically addresses this situation; therefore, you should review it carefully. IRS Publication 590 may be obtained by contacting your local IRS office or via the Internet at www.irs.gov.

IRA funds are insured separately from other types of accounts up to $250,000. IRA checks for the insured amount will be mailed to your address of record with the bank on Monday, August 17, 2009.


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17. Will I lose anything on my deposit account?

Principal and interest on insured accounts, through Friday, August 14, 2009, are protected by the FDIC, to at least $250,000. Certain entitlements and different types of accounts can be insured in excess of the $250,000.

If you have more than $250,000 in your interest-bearing account (or $250,000 in your IRA), or if the total of your related interest-bearing accounts exceeds $250,000, your accounts may require review by an FDIC Claims Agent. All accounts that appear to be related are reviewed to determine ownership and insurance coverage. See question number one for information regarding forms you may need to complete to expedite this process.


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18. What will happen to the checks which have not cleared my account?

Checks that were drawn on Community Bank of Nevada that did not clear before the institution closed will be honored up to your insured amount or available balance until close of business September 14, 2009.


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19. What if I need information regarding my account during the time Community Bank of Nevada was in business?

Please call or visit your branch to request any records you may need. After September 14, 2009, please call 1-800-331-6306.


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20. Who will send my 1098 and/or 1099 information after the end of the year?

DINB of Las Vegas will be responsible for mailing your 1099 tax information. Your 1098 reporting will be done by the FDIC as Receiver for Community Bank of Nevada or the servicer of your loan. You will be notified of any changes in ownership or servicing of your loan.


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21. Will I collect my uninsured deposits?

If you have a loan in the same name as your uninsured deposit account, it may be possible to offset your uninsured amount against your loan. You should discuss this with your Claims Agent during your appointment.

If it is determined that you have some uninsured funds, the FDIC will mail you a Receivership Certificate. This certificate entitles you to share proportionately in any funds recovered through the sale of the assets of Community Bank of Nevada. You may eventually recover some of your uninsured funds as assets are liquidated.

When a financial institution is closed and the Federal Deposit Insurance Corporation ("FDIC") is appointed as receiver, one of FDIC's responsibilities is to sell the institution's assets to pay the depositors and its creditors. The money generated by the sale of these assets will flow through the Receivership. Periodic dividend payments will be made to proven claimants when excess cash is available. For an explanation of the dividend process, go to FDIC Dividends from Failed Banks (closedbanks.fdic.gov/dividends/).

Of course, you will receive full payment for your insured checking and savings accounts through DINB of Las Vegas. You will receive a mailed check for full payment of your insured Savings, CDs and insured IRAs from the FDIC.

If you have a deposit through a broker, your insured funds will be wired to your broker on your behalf once the FDIC receives all required documentation from your broker.


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22. Can funds be wired to me?

As of Monday, August 17, 2009, your checking and money market account funds can be wired at your request. Any outgoing wire fees will be waived. Please contact your former Community Bank of Nevada branch location regarding your wire request. Checks for insured Savings, CDs and insured IRAs will be mailed to you, and you will receive them by the end of the week.


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23. Will my automatic transaction payment still occur on its assigned date?

Any automatic payments from your transaction account will continue until close of business September 14, 2009. We encourage you to check your account the day after your scheduled draft to verify the transaction. If the transaction did not occur, please notify your loan officer. If your automatic payment comes from your savings account, no further debits will occur and you should make other arrangements for payment.


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24. Will construction draws continue? Will my project be completed?

Each loan is being reviewed independently, and you should direct your questions to your loan officer. Funding decisions will be determined on a case-by-case basis.


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25. Will my subcontractors be paid as before?

Each loan is being reviewed independently and will be determined on a case-by-case basis. You should direct your questions to your loan officer.


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26. Will you continue to pay my escrows?

All services previously performed related to your loan will continue. Should you receive notification that any portion of your taxes or insurance were not paid, please notify your loan officer immediately.


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27. Are there any changes to fees or charges due to this event?

No. The current fee structure will remain the same.


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28. Will the FDIC continue foreclosures in process?

At this point, all foreclosure actions have been suspended to properly evaluate the loans and the borrower's ability to repay. We intend to sell all loans, and the new owner will determine the best method to collect them. There may be instances where FDIC will continue with the foreclosure process; however, this will be done on a case-by-case basis.


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29. Who is my lender and has my loan contact changed?

Your loan is currently owned by the FDIC and is being serviced by all of the same personnel with whom you have worked in the past.


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30. Will my loan be sold?

Your loan may be sold at a future undetermined date. If that occurs, you will be notified in advance through written correspondence. If you are concerned about whom your future lender or servicer will be, you have the right to independently refinance your loan with another lender.


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31. Can I continue to perform advances on my line of credit?

All lines of credit, including Home Equity Lines of Credit (HELOCs) and overdraft lines of credit, have been suspended at this time and have been retained by the Receiver. It is our intention to sell your loan. The Receiver is not a bank. It does have the ability to fund some short-term needs if it is in the best interest of the Receiver; however, any funding and issuance of a check is not immediate. You are encouraged to seek financing from another bank. They will be able to better serve your needs on an ongoing basis.


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32. I have a loan currently in process. How is my loan affected?

Please contact your loan officer directly.


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33. Will my loan sweep be discontinued?

Yes. Please contact your loan officer.


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34. Will my overdraft line of credit continue to cover my overdrafts?

No. These lines have been retained by the FDIC and have been frozen. You will need to establish a new overdraft line of credit with your new bank.


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35. How and where do I make my payments?

You should continue to make your payments as agreed. Make checks payable to Community Bank of Nevada and utilize the same payment address information. You may continue to make your payments at the branch or by phone via check or credit card.


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36. If I refinance with another lender, will my pre-payment penalty be waived?

Any pre-payment penalty will be waived as long as FDIC as Receiver for Community Bank of Nevada has control of the asset, and the borrower obtains refinancing of the outstanding balance on the account with another financial institution.


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37. What will happen to my SBA loan application in process?

DINB of Las Vegas will not be originating any new loans.

If your loan has been approved by the SBA, but is not yet funded, please contact your loan officer. He will direct you to the proper SBA contact to help you locate another approved lender.

If your loan is in process, but is not yet approved by the SBA, we will release your SBA package on file with us to you, and you will need to apply with another SBA-approved lender. Please contact your loan officer to make arrangements to retrieve your application from the bank.


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38. What will happen to my loan?

Your loan may be sold at a future undetermined date. If that occurs, you will be notified in advance through written correspondence.


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39. Why do all deposits, insured or not, pass is some transactions but not in others?

The FDIC is required by law to employ the least-cost resolution measure for each failed financial institution. The most frequent result is for the FDIC to transfer only the insured deposits in a merger transaction. The FDIC has been able to transfer all deposits in about 25% of the failures over the past 15 years.


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40. How can I find out more about Federal Deposit Insurance rules?

You may access our website, which contains deposit insurance information and an Electronic Deposit Insurance Estimator (EDIE):

You may also order any FDIC publication:

FDIC Public Information Center
3501 North Fairfax Drive
Room E-1002
Arlington, VA 22226

1-703-562-2200 Phone
1-703-562-2296 Fax
publicinfo@fdic.gov


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41. I represent a TV/Newspaper/Radio and would like some information.

Please contact the Office of Public Affairs:

David Barr
1-202-898-6992
DBarr@fdic.gov


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42. Is the new bank insured by the FDIC?

Yes. Your deposit at DINB of Las Vegas is insured by the FDIC, and each depositor is insured to at least $250,000, as established by law.


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43. How can I claim the contents of my safe deposit box?

You have until September 14, 2009 to empty your safe deposit box. Please be advised if you do not clear your safe deposit boxes before that date, the DINB will handle the safe deposit boxes according to state law. You will receive a letter at the address listed on the bank's record Unclaimed property can be located by visiting www.missingmoney.com or by contacting the State Treasurer's office or the office of unclaimed property.


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44. I am a shareholder. What happens to my shares?

Community Bank of Nevada had no publicly owned stock. Equity shareholders were invested in the holding company, Community Bancorp, Las Vegas, NV, and not in the bank. Please do not file a claim with the Receiver, rather, contact the holding company with any questions you may have:

Community Bancorp
400 S. Fourth Street, Suite 110
Las Vegas, NV, 89101


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45. I did some work for Community Bank of Nevada and have not yet been paid. What should I do?

Please send your bills to the following address:

FDIC as Receiver for Community Bank of Nevada
1601 N. Bryan Street
Dallas, TX  75201-3430
Attention: Claims Agent


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SCAMS: Be watchful for and resistant to any scams to obtain information from you by individuals or entities stating that they are acting on behalf of either the failed bank, new bank, or the FDIC. Should you be contacted by anyone requesting personal information from you related to this event, please contact the call center above and you will be directed to the appropriate person.

For more information: www.fdic.gov/bank/individual/failed/community-nv.html


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Last Updated: July 16, 2019