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[¶11,907] In the Matter of First Community Bank, Missouri, Poplar Bluff,
Missouri, Docket No. 01-184k (4-1-02).
Respondent agrees to pay civil money penalty assessed by the FDIC in
the amount of $6,400.
In the Matter of
FIRST COMMUNITY BANK, MISSOURI,
POPLAR BLUFF, MISSOURI
(Insured State Nonmember Bank)
ORDER TO PAY CIVIL MONEY PENALTY
FDIC-01-184k
First Community Bank, Missouri, Poplar Bluff, Missouri
("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
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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 $6,400 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 August 20, 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; it has failed to ensure that for loans secured by a building
or mobile home located in a special flood hazard area that there is
adequate flood insurance on the collateral; and it has failed to ensure
that for loans secured by a building or mobile home located in a
special flood hazard area that there is flood insurance on the
collateral for the term of the loan.
The FDIC considered the matter and determined it had reason to believe
that the Bank has engaged or participated in violations of law or
regulations for which a civil money penalty of $6,400 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 $6,400 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 1st day of April, 2002.