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Waiver Form Bank Depositors' State Banks Is For Complete
READY MAIL THEM WITHIN FEW DAYS
Coast Situation Is Not by Eccles to Expected Change Plans
National Bank Waiver Sent to Comptroller of Currency for Review
The waiver which will mailed within few days the positors state banks in the Wingfield chain completed today executive committee of the general depositors committee. The complete text of the waiver form for the Riverside bank printherewith. The same form used for all the state banks in the The waiver form for the two national banks very similar but not be ready for publication or mailing until in princiby comptroller of the currency furnished copies. chairman of the the stated today that the banking holiday in California would effect on the reorganization plans for the Wingfield banks as far could see as agreement with the California corporations to deposit $500,000 in the proposed new bank deferred deposit gentlemen' agreement which the California positors carry out. Eccles also said the promised by the Finance Corporation be forthcoming the reorganizaprogram out. waiver form in full fol-
Waiver and Subscription Agreement Depositor Creditor of the Riverside Bank: The undersigned, depositor and/or creditor of the Riverside Bank. suspended, in consideration of now the execution of like agreements by such depositors of said bank may the and for and for the purof providing for the pose tion of said bank and other banks commonly known as the Wingfield Banks (Bank Wells, Wells Banking Nevada: First National Bank of Winnemucca, Winnemucca, Churchill County Bank, Fallon. NeBank of Sparks, NeCarson Valley Carson Virginia City VirNevada: Tonopah Banking Corporation, Tonopah, Nevada: the Reno National Bank of Nevada Savings Trust United Nevada Bank and Riverside all of Reno, Nevada) does hereby sell. transfer, convey and set over unto the executive hereinafter named, its claim against pended in trust for uses and purposes set forth and hereby agrees as follows: That the assets of each of said Wingfield banks shall be separately (6) appraisers shall be appointed follows: One the receiver of the Reno National one by the receiver of the First National Bank Winnemucca, one the examiner and two (2) others. be lected by Victor Palmer, who acts for certain large corporations interested the reorganization of the Wingfield banks and one to be lected by chairman of the respective committees of the present closed banks. All assets of this and all of the Wingfield banks determined by appraisers to be good and/or good shall sold, transferred and assigned to mortgage company organized and incorporated as to qualified borrower from the Reconstruction Finance Corporation other governmental loan associations or and new which shall have capital of and surplus of and which shall have charter and the right to opmain bank with branches. The value of the shares of the par shall $25. The capital the mortgage company shall approximately but said capital may vary, depending upon the amount assets transferred thereto under the appraisals and classifications. The value of the shares par the mortgage company shall be one dollar each. The appraisers herein provided for shall determine and fix the specific the Wingfield banks which shall be placed in the bank" and the specific assets which shall be placed in the "mortgage" company. The assets so placed in the new bank and/or mortgage company and acquired from the state bank examiner in charge of the suspended bank equal the liabilities of the bank absolutely assumed paid by the bank company pursuant to this agreement and under like agreements executed by other creditors. under such contract with the state bank examiner shall entered into in the acquisition of said assets. Said amount of assets so placed and retained in the new bank shall be subject adjustment amount actually found to the time of bank compensate for the total liamortgage company bilities paid The assets retained by the new bank or mortgage company are to taken over at face value with adjustment interest to the date of fer when the interest but any ing may be taken over at the value fixed by the appraisers such agreed upon the bank and the state bank aminer.
All assets of the Riverside Bank which deemed by apdoubtful shall sold, transferred assigned the new bank company but the bank company will transfer all of items (hereinafter called the trust fund) three liquidating trustees pointed the judge the district court the district of Nevada having jurisdiction thereof. Said trustees must depositors. Said trust fund shall be held in trust shall be distributed rata from time to time by said trustees the creditors waiving and contributing aforesaid portion claims. trustees shall make no charge services but shall be entitled deduct from the proceeds liquidation the and necessary of carrying said trust. together the cost fees, court costs and the and the said trustees the right sell compromise obligations held them. renew extend the tions of debtors said and file suits, mortgages, chase foreclosed property closure the trust estate, take all such steps as they their judgment deem necessary for the liquidation of said assets by collection compromise the and way the same fully though said assets were fully ed by said liquidating trustees their right Said have the expense the trust estate make such penditures and out the trust estate may be necessary for the and the thereof and for such purpose may borrow and pledge all or part the trust assets security therefor. The undersigned and each creditor entitled participate in said trust fund shall receive participation tificate representing his or her terest in the trust assets. Said trust fund shall be exclusively for the benefit of the depositors and creditors of the Riverside Bank, when said paid in the amounts of their original claims against said closed together with interest the rate four per cent per annum from November 1932, balance shall be distributed stockholders of the Riverside Bank or their successors in interest. their may appear. Whenever the new bank and/or the mortgage company the trust fund are each interested asset line of credit, the new bank shall have first upon the security any, accompanying asset of credit, the company have the second thereon and such order shall be entitled to receive out of said asset line of credit the security therefor the full amount of their respective interests therein before part thereof shall be covered by said The new bank mortgage company for period from after the the shall right to substitute any the liquidated assets retained in the new bank mortgage company renewals thereof. in whole or in when renewal made) for any of the trust assets or the proceeds liquidation of said exchange to limited to bills receivable and to upon the basis original mutual of price terest to the date of exchange that such exchange shall only be made between assets origin(at time of transfer) from the examiner charge of the Riverside Bank. distribution shall be made by the trustees until after the expiration of said period of substitution.
At any time after the expiration said exchange substituperiod tion the liquidating trustee or trustees upon the written quest of the owners majority amount of said participation certificates sell remaining trust sets public sale to the highest bidder for cash after having given such of time and place said may be required the creditors requesting and trustee or trustees shall thereupon make final disposition of the proceeds of said trust assets then on hand the and for the purposes hereinabove provided. At such sale the new mortgage company may be purchaser of all or any part of said residue of the trust assets.
During the entire period while said assets are process liquidation trustee committee three positors their shall conferred from time to time concerning such liquidation and shall have full access to the books and records said understood that trustee trustees shall exercise their powers jointly, but majority three trustees be appointed, shall control, the vacancy the powers duties thereof may performed by surviving members. majority interest of the creditholding participation certificates trust elect trustees time upon giving thirty written notice such election to each depositor creditor holding participation certificates Forest Eccles, Dyer and Clarence Kind hereby designated committee of the depositors' said bank and are granted the power and shall, when has been organized provided this agreement, transfer to said bank and/or mortgage the company undersigned's claim against the pended bank as enable the bank mortgage company use the same in part in purchasing and acquiring the assets of said pended bank from the state bank Said the bank mortgage company as the interest of the committee is authorized assignee of the undersigned make proof claim in its name the examiner charge suspended obtain the customary certificate issued favor the new bank mortgage company and committee bank mortgage company authorized to release, cancel surrender said receiver's certificate said state bank examiner part consideration the purchase and quisition the of the company suspended and upon such surrender and cancellation of said tificate said state bank examiner shall stand fully released from all claims the undersigned any participation the assets said spended bank and the delivery of the assets of said suspended bank to said new bank shall first and operate final dividend undersigned in full payment of of his her present claims against said state bank examiner. This agreement shall not deemed to waiver of liability of any holders of the Riverside Bank liability shall of such stockholders' trustees hereinbefore until enforced by the all notes, securi- any named, and moneys, obtained by the ties and judgments account thereof shall quest, said trustees on included in the trust fund to for the benefit of depositors up It in the Riverside Bank. the assets of the five The value of Bank classified at Riverside the be set termined by appraisals slow shall be the in an and/or good but basis credit of the depositor of net the new bank ferred and/or creditor and each mortgage company, creditor shall, depositor said net made titled to that proportion credit shall count assets as his deposit bear total of the said good to the assets the new but slow lease Riverside Bank. from his said net The undersigned, therefrom, of, credit, and payable only thereof hereby mortgage able. capital stock thereof the company and surplus of icates capital capital and to, the bank. understood and agreed that It the legal title to the entire capital company shall stock the bank in trust vested the will for the subscribers of the capital stock thereof, each subscriber com- that the capital stock mortgage pany shall receive participation tificate which shall represent his terest the assets of the mortgage obliga- and company all its tions and liabilities shall been of paid. banks the The assets of the Wingfield and more have been tentatively appraised, and in bank under this plan agreement the and accordance with said appraisal, the following distribution of assets to the made up of (1) the respective One trust the subscription the capital in the company, the (3) the the capital and surplus of the depositors' deposits in the fol- in the will be approximately lows. $1,000 deposit for the using illustration positors purpose the organization of the new bank paid, provided. however, that depositor may, lieu of such during deferred credit, entitled, upon receive negotiable time board tificates of deposit which shall bear interest the same rate. understood that the twentycent made available of the time of the will be of opening up on the books the account credit, his my subject to and that the dedeposits where no negotiable ity certificates issued, the deposits are they likewise cessor. available in individual the an to my credit to check. have subject It understood the either the to the right any and all of the installments event before there- shall maturity provided that for if any deposit or deposits released and made availinstallment installments, including said deposit, the certifdeposit there- trustee corresponding shall due and have thereupon become available to all the depositors similarly and that of said said any stallments trust maturity thereof, notice of that fact of be furnished to me. It understood and agreed It reorganization the Wingfield banks by and through new bank company hands accomplished, that said new bank said mortgage shall each company and have board of directors consisting said sixteen members, and that the placing $500,000 on deferred deposit in said new shall have right to select designate four (4) members board of directors for each, the selves bank and the company the of the bank agreed selected by the corporations shall shall president and the manager of the bank. Twelve of the remaining directors said new bank and mortgage and company shall be selected the have of each of the Wingfield shares safeguarding interests of all depositors through the selection of directors. period of this trust, following election of the first directors provided paragraph hereof; also through said directors to continue the management and direction of the affairs said bank. In the that the directors shall die, resign become incapable of duties such director the said trustees shall have and authorpower to select elect from among stockholders said bank that so selected shall not been time the any in past an officer director of any the that any of the trustees decline to act shall resign any reason be incapable of perto forming the duties of said trustees shall select such trustee such selected and elected shall the same power and authority trustees first selected. The aforetrustees while this shall not directors the bank mortgage company. understood and agreed that shares of stock of the bank issued placed in the said trustees and held throughout the period of five years, that there shall be issued by the bank certificates of title ownership of shares so to issued to us, which certificates may be sold, transferred otherwise disposed of with the same effect shares of stock themwere delivered the underbeing understood and that such certificates of title and in the event sale, transfer other disposition thereof whereby the ownership said stock shall pass other parties, then in such event said trustees shall the right cause the said of stock transferred the books of the said bank buyer, transferee person to whom the same shall passed. It pressly understood and provided that the of the said shares stock the the said trustees any action by such trustees shall in no way or the right the undersigned sell, transfer otherwise dispose the tificates to be issued as hereinbefore provided.
Banks which are depositors the Riverside Bank any other Wingfield bank may join in this or like agreement, the banks joining in this or like agreement shall be subscribers to the stock in either the bank or the new mortgage company, but such bank's net credit shall payable in equal installments provided by paragraph hereof. 12. It is further agreed that this agreement, and similar by depositors the other Wingfield banks, shall apply to all public funds or deposits of the state of Nevada other governmental agencies of said including the state bank examinany court receiver in charge municipalities, townships, commissions, boards, irrigation districts or political subdivisions or agencies, and that in order carry this agreement into full force effect will necessary that proper legislative action be taken which place such deposits upon equality with individual depositors and creditors. done through legisla- tive authority and through the chinery provided by the act entitled act to provide for the compromise, release of indebtedness, liability or obligation any corporation, state amendments thereof. and an amendment to the state banking act, to adopted by the present legislature. This agreement shall void shall be carried full force and effect within ninety days after March 1933, and said new bank has not opened for business by said date said executive committee shall reassign claim any ceiver's certificate representing undersigned his cessor in interest. Dated 1933.