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Question and Answer Guide

The Community Bank, Loganville, GA

The Community Bank Call Center 1-404-872-4811

FDIC Call Center
Toll free number 1-972-761-2112
Hours of Operation - Eastern Time
Friday, November 21, 2008: Until 9:00 p.m.
Saturday, November 22, 2008: 9:00 a.m. – 6:00 p.m.
Sunday, November 23, 2008: 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)

The following answers are provided to the most commonly asked questions by customers of the failed bank. The total balance in your account(s) has been transferred to Bank of Essex, Tappahannock, VA and will be available for transactions during regular business hours at any office location formerly operated by The Community Bank.

DEPOSIT QUESTIONS

  1. Over $250,000: What if I have more than $250,000 in my accounts at The Community Bank?
  2. Account Hold: I have been advised there is a hold on my account.  What does that mean?
  3. ATM/Debit Card/Checks: Can I continue to write checks or use my ATM/Debit card?
  4. Automatic Payments/Online Billpay: Will my automatic payments through Billpay continue?
  5. Checks not Honored: A merchant will not honor my check.  What can I do?
  6. Brokered Deposits/Deposit Broker: I am a deposit broker or I have brokered deposits.  What do I need to do?
  7. Claim Account(s): How do I claim my account(s)?
  8. Customer Impact: How does this failure affect me?
  9. Deposits Existing at Bank of Essex: 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?
  10. Direct Deposits, Social Security What will happen to my direct deposits?
  11. Early Withdrawal Penalty Will I incur an early withdrawal penalty if I close my CD before maturity?
  12. Final Statement: How will I get my final account statement(s) from The Community Bank?
  13. Interest Will I continue to earn interest at the same rate?
  14. Interest Check/Cashier's Checks Can I cash my interest check or cashier's check?
  15. Internet Connection: Will my Internet connection continue to work?
  16. IRAs: What if I have an Individual Retirement Account (IRA)?  Will my savings still be insured?
  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 The Community Bank was in business?
  20. Tax Reporting - 1098/1099s Who will send my 1098 and/or 1099 information after the end of the year?
  21. Wire Transfer: Can funds be wired to me?

LOAN QUESTIONS

  1. Automatic Payments: Will my automatic 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. Lender and Contact Names: Who is my lender and has my loan contact changed?
  7. Loan Sales: Will my loan be sold?
  8. Line of Credit Advances - Home Equity: Can I continue to take advances on my line of credit?
  9. Loan in Process: I have a loan currently in process.  How is my loan impacted?
  10. Loan Sweeps: Will my loan sweep be discontinued?
  11. Overdraft Line of Credit: Will my overdraft line of credit continue to cover my overdrafts?
  12. Payments: How and where do I make my payments? Can I still pay by phone or at the branch?
  13. Pre-payment Penalty: If I refinance with another lender,  will my pre-payment penalty be waived?
  14. SBA Application in Process: What will happen to my SBA loan application in process?
  15. 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 in 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 The Community Bank and have not yet been paid. What should I do?
  8. What Happened?: What happened, why did the bank fail?
  9. Work for FDIC - Contract or Employment: How can I apply to work for FDIC as a contractor or employee?


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DEPOSIT QUESTIONS

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

All deposit accounts have been transferred in their entirety to Bank of Essex, based in Tappahannock,  VA. All former offices of The Community Bank will reopen for normal business hours on Monday, November 24, 2008, as branches of Bank of Essex.

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


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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.


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3.  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.


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4.  Will my automatic payments through Billpay continue?

Yes; there will be no disruption in BillPay services.


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

You can provide a copy of this document or a copy of the press release (www.fdic.gov/news/news/press/2008/pr08123.html) since both documents state all deposits have been transferred to Bank of Essex, and it is business as usual. Copies of this press release will be available at the former The Community Bank branches. Depositors or merchants can also call the FDIC at 1-800-930-1904 or any former branch office of The Community Bank.


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6.  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 Bank of Essex. However, be advised that from and after the date of closing, the Bank of Essex will accrue and pay interest on deposit liabilities at a rate it shall determine; accordingly, the Bank of Essex 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 a The Community Bank deposit through a broker, you must contact your broker with any questions.


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7.  How do I claim my account(s)?

Your account(s) has already been transferred to Bank of Essex, 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. 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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8.  How does this failure affect me?

All deposits (both insured and uninsured) of The Community Bank have been transferred to Bank of Essex, and it will be business as usual. If you held an account at The Community Bank, you now have an account at Bank of Essex that is available to you at your former branch office of The Community Bank during regular business hours.

If you had a loan with The Community 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 The Community Bank.

The former locations of The Community Bank locations will reopen for normal business hours on Monday, November 24, 2008. You will have continued access to your money through your ATM/debit card and by writing checks.

Can customers of The Community Bank use Bank of Essex branches?

No; not at this time. During the transition of The Community Bank records to Bank of Essex systems, The Community Bank customers should continue to conduct their banking business at any former office of The Community Bank. You will be notified when you can use Bank of Essex branches.

Similarly, existing Bank of Essex customers cannot use the former branches of The Community Bank and should continue to conduct their business at Bank of Essex branches.


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9.  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 accounts 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.


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10.  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 branch office of The Community Bank to make those arrangements.


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11.  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.


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

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


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

All interest on insured deposits accrued through Friday, November 21, 2008, will be paid at your same rate. Bank of Essex will be reviewing rates and will provide further information soon.

If you deposited funds through a broker, the interest will accrue and be paid through Friday, November 21, 2008.


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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.


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15.  Will my Internet connection continue to work?

Yes.


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16.   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 Bank of Essex. 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.


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17.  Will I lose anything on my deposit account?

No. All deposit accounts have been transferred in their entirety to Bank of Essex.


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

Checks drawn on The Community Bank that did not clear before Friday, November 21, 2008, will be honored up to your available balance.


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

Please contact a representative of your new bank at your former branch office of The Community Bank to obtain a copy of any records you may need or visit your branch.


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

Bank of Essex 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.


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21.  Can funds be wired to me?

Please contact your former branch location of The Community Bank to obtain information regarding your wire request.


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LOAN QUESTIONS

22.  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 and we will research your loan.


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23.  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. These will be determined on a case-by-case basis.


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24.  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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25.  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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26.  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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27.  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.


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28.  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 who your future lender or servicer will be, you have the right to independently refinance your loan with another lender.


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

No. All lines of credit, including Home Equity Lines of Credit have been suspended at this time and have been retained by the FDIC. You may contact Bank of Essex at any former office location of The Community Bank to discuss establishing a borrowing relationship.


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30.  I have a loan currently in process.  How is my loan impacted?

Please contact your loan officer directly.


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31.  Will my loan sweep be discontinued?

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


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

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


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33.  How and where do I make my payments? Can I still pay by phone or at the branch?

You should continue to make your payments as agreed. Make checks payable to The Community 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.


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

Those will be determined on a case-by-case basis.


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

The FDIC as Receiver for The Community 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. 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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36.  What will happen to my loan?

Each loan is currently being reviewed independently to determine the best action for that individual loan. If you are concerned about who your future lender or servicer may be, you have the right to independently refinance your loan with another lender.


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GENERAL QUESTIONS

37.  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 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.


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38.  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):

  1. Deposit Insurance (www.fdic.gov/deposit/index.html)
  2. Are my deposits insured? (www.fdic.gov/deposit/deposits/index.html)
  3. EDIE (edie.fdic.gov)

You may also order Your Insured Deposits or any other 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


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

Please contact the Office of Public Affairs:
Washington, DC

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

Andrew Gray
(202) 898-7192
(202) 494-1049
angray@fdic.gov


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40.  Is the new bank insured by the FDIC?

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


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

It is business as usual. You may go to your branch and access your safe deposit box or make appointments by calling your former branch location of The Community Bank.


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

The Community Bank had no publicly owned stock. Equity shareholders were invested in the holding company, Triangle Financial Group, Loganville, GA, and not in the bank. Please contact the holding company if you have questions.


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43.  I did some work for The Community Bank and have not yet been paid.  What should I do?

Please send your bills to the following address:

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


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44.  What happened, why did the bank fail?

The Community Bank, Loganville, GA was closed Friday, November 21, 2008, by the Georgia Department of Banking and Finance. Subsequently, the Federal Deposit Insurance Corporation (FDIC) was appointed Receiver. According to regulatory policy, there is no advance notice given to the public. Please see the Georgia Department of Banking and Finance's press release for more information.

The good news is that no one lost any deposits as a result of the closure of The Community Bank. To protect depositors, the FDIC Board of Directors approved the assumption of ALL of the deposits of The Community Bank by Bank of Essex, headquartered in Tappahannock, VA.


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45.  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/index.html).

You must also register in the System for Award Management (SAM) at www.sam.gov. Entry into the database is not a guarantee that a contractor will receive a future solicitation.

You may call 1-866-308-4470 for more information or email 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 employment positions currently available at the FDIC, visit Careers at FDIC (www.fdic.gov/about/jobs/index.html).


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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.html


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