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Failed Bank Information
Question and Answer Guide for America West Bank, Layton, UT


FDIC Call Center
Toll free number 1-800-523-8209
Hours of Operation – Mountain Time
Friday, May 1, 2009:   Until 9:00 p.m.
Saturday, May 2, 2009:   9:00 a.m. – 6:00 p.m.
Sunday, May 3, 2009:   Noon – 6:00 p.m.
Thereafter:   8:00 a.m. – 8:00 p.m.

Is My Account Fully Insured? (https://www2.fdic.gov/drrip/afi/index.asp)
Electronic Deposit Insurance Estimator (www.myfdicinsurance.gov)

The total balance in your account(s) has been transferred to Cache Valley Bank, Logan, UT and will be available for transactions during regular business hours at the former America West Bank branches.

You may continue to use your same checks and ATM/Debit cards until notified.

All direct deposits, including Social Security checks, will continue as usual.

DEPOSIT QUESTIONS

Over $250,000: What if I have more than $250,000 in my accounts at America West Bank?

All deposit accounts have been transferred in their entirety to Cache Valley Bank headquartered in Logan, UT. All former America West Bank offices will reopen for normal business hours on Monday May 4, 2009 as branches of Cache Valley Bank. The drive-up facility at the Layton office will also be open on Saturday, May 2, 2009 during normally scheduled hours.

As an All-Deposit Transfer transaction, the total of all deposit accounts, whether within FDIC insurance limits or not, have been assumed by Cache Valley Bank and will be available for business as usual.

Account Hold: 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.

Account Insurance Status: Is there a method to verify whether my account(s) at America West Bank are fully insured?

As an All-Deposit Transfer transaction, the total of all deposit accounts, whether within FDIC insurance limits or not, have been assumed by Cache Valley Bank and will be available for business as usual.

ATM/Debit Card/Checks: Can I continue to write checks or use my ATM/Debit card?

You will be able to continue using your personal checks at this time, and your ATM/Debit card will continue to work. The ATM machine will be unavailable for a short period of time on Friday for processing; however, it will be operational shortly after that is accomplished and will be available as usual.

Automatic Payments/Online Billpay: Will my automatic payments through Billpay continue?

Billpay will be unavailable over the weekend; however, it will be available on Monday morning.

Brokered Deposits/Deposit Broker: I am a deposit broker or I have brokered deposits. What do I need to do?

As an All-Deposit Transfer transaction, the total of all deposit accounts, including brokered deposits, have been assumed by Cache Valley Bank, Logan, UT. Be advised, however, that from and after the date of closing, the Cache Valley Bank may accrue and pay interest on deposit liabilities at a rate it shall determine; accordingly, the Cache Valley Bank shall permit depositors, including brokered depositors, impacted by reduced rates to withdraw their deposits without penalty for early withdrawal.

If you are a Depository Trust Company (DTC) participant broker, you must contact DTC with any questions or withdrawal requests. If you are a customer who has an America West deposit through a broker, you must contact your broker with any questions.

Checks Not Honored: A merchant will not honor my check. What can I do?

A copy of this document or the press release (www.fdic.gov/news/news/press/2009/pr09063.html) can be provided since both documents state all deposits have been transferred to Cache Valley Bank, and it is business as usual. Copies of this press release will be available at the former America West Bank branches. Depositors or merchants can also call the FDIC at 1-800-523-8209 or the former America West Bank branches.

Claim Account(s): How do I claim my account(s)?

Your account(s) has already been transferred to Cache Valley Bank, and your account(s) will be handled as usual. Any withdrawal, renewal or additional deposits will "claim" your account. Please be advised that if there is no activity in your account in the next 18 months, that money will be turned over to your state as unclaimed property in accordance with state law. Unclaimed property can be located by visiting www.missingmoney.com or contacting your state treasurer's office or office of unclaimed property.

Customer Impact: How does this failure affect me?

All deposits (both insured and uninsured) of America West Bank have been transferred to Cache Valley Bank, and it will be business as usual. If you had an account at America West Bank, you now have an account at Cache Valley Bank that is available to you at your former America West Bank branches during regular business hours.

If you had a loan with America West Bank, please continue to make your payments to the same address as you have in the past until you are instructed otherwise. Continue to make your checks payable to America West Bank.

The former America West Bank locations will reopen for normal business hours on Monday, May 4, 2009. The drive-up facility at the Layton office will also be open on Saturday, May 2, 2009 for normally scheduled hours. You will have continued access to your money through your ATM/debit card and by writing checks.

Can America West Bank customers use Cache Valley Bank branches?

America West Bank customers should continue to conduct their banking business at America West Bank branches. Cache Valley Bank customers should continue to conduct their business at Cache Valley Bank branches.

Deposits Existing at Cache Valley Bank: I already have other deposit accounts with the new bank. When combined with balances at this bank, my deposits exceed $250,000. Are all funds insured?

The transferred deposits will be separately insured for at least six months after the merger. This grace period gives a depositor the opportunity to restructure his or her accounts, if necessary.

CDs from the assumed bank are separately insured until the earliest maturity date after the end of the six-month grace period. CDs that mature during the six-month period and are renewed for the same term and in the same dollar amount (either with or without accrued interest) continue to be separately insured until the first maturity date after the six-month period. If a CD matures during the six-month grace period and is renewed on any other basis, it would be separately insured only until the end of the six-month grace period.

Direct Deposits, Social Security: What will happen to my direct deposits?

Direct Deposits will continue as normal, including Social Security checks. If you need to change anything in the future, please contact or visit your former America West Bank branch location to make those arrangements.

Early Withdrawal Penalty: Will I incur an early withdrawal penalty if I close my CD before maturity?

No. You may withdraw funds from any transferred account without an early withdrawal penalty until you enter into a new deposit agreement with your new bank. Entering into a new deposit agreement can be done by either renewing your CD or making a deposit to, or a withdrawal from, your account.

Final Statement: When will I get my final account statement(s) from America West Bank?

You will receive your account statements at the same time you have received them in the past.

Interest: Will I continue to earn interest at the same rate?

All interest on deposits accrued through Friday, May 1, 2009 will be paid at your same rate. After May 1, 2009, deposit account rates will be set by Cache Valley Bank. Cache Valley Bank will provide further information.

Interest Checks/Cashier's Checks: Can I cash my interest check or cashier's check?

Interest checks and cashier's checks will continue to clear.

Internet Connection: Will my Internet connection to America West Bank work?

The bank website will be available over the weekend on a "read-only" basis. Regular transactions will be available on the internet beginning Monday, May 4, 2009.

IRAs: What if I have an Individual Retirement Account (IRA)? Will my savings still be insured?

Yes, all deposits, including IRAs have been transferred in their entirety to Cache Valley Bank . IRA funds are insured separately from other types of accounts up to $250,000.

If you close your IRA before maturity, 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. IRS Publication 590 may be obtained by contacting your local IRS office or via the Internet at www.irs.gov.

Lose Any Money: Will I lose anything on my deposit account?

No. All accounts have been transferred in their entirety to Cache Valley Bank and will be available at all branches on Monday, May 4, 2009 and at the Layton drive-up starting on Saturday, May 2, 2009.

Outstanding Checks: What will happen to the checks which have not cleared my account?

Checks drawn on America West Bank that did not clear before Friday, May 1, 2009 will be honored up to your available balance.

Records/Account Histories: What if I need information regarding my account during the time America West Bank was in business?

Please contact a representative of your new bank at your former America West Bank branch location to obtain a copy of any records you may need or visit your branch.

Tax Reporting - 1098/1099s: Who will send my 1098 and/or 1099 information after the end of the year?

Cache Valley Bank will be responsible for mailing your 1099 tax information. Your 1098 reporting will be done by the FDIC or the servicer of your loan. You will be notified of any changes in ownership or servicing of your loan.

Uninsured: Will I collect my uninsured deposits?

All deposits have been transferred in their entirety to Cache Valley Bank; therefore, you have received your deposits in full.

Wire Transfer: Can funds be wired to me?

Please contact the former America West Bank main office to obtain information regarding your wire request.

LOAN QUESTIONS

Automatic Payments: Will my automatic transaction payment still occur on its assigned date?

You should experience no disruption in this service. We encourage you to check your bank account the day after your scheduled draft to verify the transaction. If the transaction did not occur, please notify your loan officer to research your loan.

Construction Loan Draws: Will construction draws continue? Will my project be completed?

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.

Construction Loan Voucher Control: 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.

Escrows: 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.

Fees: Are there any changes to loan fees or charges due to this event?

No. The current fee structure will remain the same.

Foreclosures: Will the FDIC continue foreclosures in process?

At this point, all foreclosure actions have been suspended in order to properly evaluate the loans and the borrower's ability to repay. It is our intention to sell all loans, and it will be up to the new owner to determine the best method of collection on the loan. There may be instances where FDIC will continue with the foreclosure process, but this will be done on a case-by-case basis.

Lender and Contact Names: 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. All prior contacts remain the same.

Loan Sales: 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.

Line of Credit Advances – Home Equity: Can I continue to perform advances on my line of credit?

All lines of credit, including Home Equity Lines of Credit (HELOCs), have been suspended at this time and have been retained by the FDIC.

Loan in Process: I have a loan currently in process. How is my loan impacted?

Please contact your loan officer directly.

Loan Sweeps: Will my loan sweep be discontinued?

This will be determined on a case-by-case basis. Please contact your loan officer.

Overdraft Line of Credit: Will my overdraft line of credit continue to cover my overdrafts?

Yes. These lines have been transferred to Cache Valley Bank. Please contact your new bank if you have additional questions regarding your accounts.

Payments: How and where do I make my payments?

You should continue to make your payments as agreed. Make checks payable to America West Bank 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.

Pre-payment Penalty: 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 America West Bank has control of the asset, and the borrower obtains refinancing of the outstanding balance on the account with another financial institution.

SBA Application in Process: What will happen to my SBA loan application in process?

The FDIC as Receiver for America West Bank 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. You will be directed 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. 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.

What Happens Now: What will happen to my loan?

Each loan is currently being reviewed independently to determine the best action for that individual loan. 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 may be, you have the right to independently refinance your loan with another lender.

GENERAL QUESTIONS

All-Deposit Transfer versus Insured Deposit Transfer: Why do all deposits, insured and uninsured, pass in 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 is only able to transfer all deposits if the uninsured amounts are covered by the premium. The FDIC has been able to transfer all deposits in about 25% of the failures over the past 15 years.

FDIC Insurance: 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):

Deposit Insurance (www.fdic.gov/deposit/index.html)
Are my deposits insured? (www.fdic.gov/deposit/deposits/index.html)
EDIE (www.myfdicinsurance.gov)


You may also order any FDIC publication:

FDIC Public Information Center
3501 North Fairfax Drive
Room E-1002
Arlington, VA 22226
703-562-2200 Phone
703-562-2296 Fax
publicinfo@fdic.gov

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

Please contact the Office of Public Affairs:

David Barr
202-898-6992
dbarr@fdic.gov

New Bank Insured: Is the new bank insured by the FDIC?

Yes. Your deposit at Cache Valley Bank is insured by the FDIC, and each depositor is insured to at least $250,000, as established by law.

Shareholders: I am a shareholder. What happens to my shares?

The America West Bank had no publicly owned stock. Equity shareholders were investors in the holding company, America West Bank Members, LC 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:

America West Bank Members, LC
476 Heritage Park Blvd.
Layton, UT 84041-5713

Unpaid Bill: I did some work for America West Bank and have not yet been paid. What should I do?

Please send your bills to the following address:

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

What happened? Why did the bank fail?

America West Bank, Layton,UT was closed Friday, May 1, 2009 by the Utah Department of Financial Institutions. Subsequently, the Federal Deposit Insurance Corporation (FDIC) was appointed Receiver. Share price does not trigger a bank closing and was not the reason for this failure. According to regulatory policy, there is no advance notice given to the public. Please see the Utah Department of Financial Institutions press release for more information.

The good news is that no depositors lost any deposits as a result of the closure of America West Bank. To protect depositors, the FDIC Board of Directors approved the assumption of ALL of America West Bank's deposits by Cache Valley Bank, Logan, UT.

Work for FDIC – Contract or Employment: How can I apply to work for FDIC as a contractor or employee?

You may access information about doing business with the FDIC at
Procurement Opportunities (www.fdic.gov/buying/goods/opportunities/index.html)

You must also register in the Central Contractor Registration database at www.ccr.gov.
Entry into the database is not a guarantee that a contractor will receive a future solicitation.

You may also call 1-866-308-4470 for more information or send an email to ProcurementOpportunities@fdic.gov. Please include a statement of your corporate capabilities, contact information and Minority or Women-Owned Business (MWOB) status, if any.

To review positions currently available at the FDIC, visit Careers at FDIC (www.fdic.gov/about/jobs/index.html).




Last Updated 08/17/2012 Customer Service