Update. NBA Selects UNL Faculty Fellows INSIDE THIS ISSUE. Banks & Bankers September September 26, 2018 Volume 40 Issue 36.

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1 September 26, 2018 Volume 40 Issue 36 INSIDE THIS ISSUE I N S E R T S 2018 Fall Group Meetings September 25, Scottsbluff September 26, North Platte September 27, Kearney October 2, Lincoln October 3, Omaha October 4, Norfolk Women in Banking Conference October 10-11, Omaha Certified Banking Cybersecurity Manager Certification October 15-16, Lincoln 2018 Summit on Regulatory Issues October 26, Lincoln 2018 Loan Documentation Workshops November 13-15, Kearney Compliance Update: HMDA Reporting Partial Exemptions Compliance Update: Truth in Lending Act Annual Threshold Adjustments 2018 Husker Football Schedule Order Form Banks & Bankers September Update NBA Selects UNL Faculty Fellows The Nebraska Bankers Association (NBA) is pleased to announce Jennifer Davidson and Shane Moser as newly selected NBA Faculty Fellows. This endowment is a component of the NBA s University Foundation scholarship fund with the fellowship recognizing nominated recipients based upon their teaching ability, research, respective accomplishments and intent to assist in promoting banking and finance in Nebraska. Originally from Burbank, California, Jennifer Davidson has fully embraced Nebraska as her home state after living in Lincoln for the past 14 years. She lives here with her husband Mike, and two children Hailey and Steven. Jennifer completed her undergrad in Economics at California State University in Bakersfield, her Master s in Education with an Economics focus at the University of Nebraska-Lincoln (UNL) and is currently working towards her PhD in Education. Jennifer is an Assistant Professor in Economics at UNL and also the president of the Nebraska Council on Economic Education which provides economic and financial literacy education programs to K-12 students in Nebraska. Jennifer has been instrumental in bringing innovative ideas and events to promote financial literacy to Nebraska. The second fellowship recipient, Shane Moser, grew up just across the border in Olathe, Kansas. He attended the University of Kansas, completing bachelor s degrees in both Business Administration and Mathematics, a Master s in Accounting & Information Systems, and most recently, a PhD in Business Administration with a Finance focus. He also has a Master s in Statistics from Oregon State University. Shane has been an Assistant Professor of Practice in UNL s Finance department for two years, teaching Financial Statement Analysis, Business Valuation, and International Finance courses. He also teaches the Portfolio Practicum class, which involves the students managing a $2 million portfolio. Throughout his professional career, his family has relocated numerous times (Oregon, Mississippi, Vermont). Shane, his wife Corinna, and two daughters are now thrilled to be back in the Midwest and to call Lincoln home. Congratulations to both Jennifer and Shane on their professional accomplishments and their selection as NBA Faculty Fellows! Extraordinary Service for Extraordinary Members

2 News Briefs From Washington Agencies Finalize Rule Harmonizing Swap Margin, QFC Requirements To facilitate compliance with their rules regarding qualified financial contracts of systemically important banks, the federal banking agencies Friday finalized a rule clarifying that legacy swaps -- those entered into before the margin rules compliance dates -- do not become subject to margin requirements provided they are amended solely to comply with QFC rules. The agencies also harmonized the definition of eligible master netting agreement in the swap margin rule with recent changes to the definition of qualifying master netting agreement in their respective capital and liquidity regulations. The new rule -- unchanged from the February proposal -- is intended to bring the agencies margin rules into conformance with restrictions on QFCs finalized last year. The agencies modified QFCs to facilitate the orderly resolution of a failed institution by limiting the ability of the firm s QFC counterparties to terminate contracts immediately upon the entry of the covered entity or one of its affiliates into resolution. Under the margin rule, requirements for initial margin are phased in from Sept. 1, 2016, to Sept. 1, 2020, while variation margin was phased in from Sept. 1, 2016, to March 1, Friday s rule takes effect 30 days after it is published in the Federal Register. Read the final rule. Read ABA s comment letter. Farm Bill Update On Sept. 5, the House of Representatives and the Senate held a conference committee for the 2018 Farm Bill. The chairmen and ranking members having been meeting since to rectify the differences between the two bills. As of today, no compromise agreement has been made. The Supplemental Nutrition Assistance Program (SNAP) remains the biggest point of contention between the two bills. There are multiple scenarios in play over the next few weeks with regards to the future of the 2018 Farm Bill. One would be that a compromise is reached, and the bill is passed by Sept. 30. Alternatively, an extension of the current Farm Bill of three months or longer could be proposed and passed by Congress. However, the most likely scenario, will be expiration of the current Farm Bill. So, what happens if the current Farm Bill expires? The short answer is not much until December. The current Farm Bill was written to continue through the end of the 2018 crop year. This means that farmers will not see any changes to farm programs, crop insurance and other similar programs before the end of the year. Most other programs, including loan programs, will continue to be funded and remain available. Longer term affects remain unknown at this point. The ABA wants to see the passage of the 2018 Farm Bill soon due to the increase in the Farm Service Agency Guaranteed Loan Programs and continued risk management that is provided within the bill. For more information, contact ABA's Ed Elfmann. White House Releases National Cyber Strategy Last week, the White House released its 2018 National Cyber Strategy, highlighting the Administration s plan to address cyber threats, protect national security and strengthen America s cybersecurity capabilities. The strategy last revised in 2003 explains how the Administration will defend the homeland by protecting networks, systems, functions, and data; deter and punish those who use cyber tools for malicious purposes; and expand American influence abroad to extend the key tenets of an open, interoperable, reliable and secure Internet. Learn more. News Source: American Bankers Association 2 NBA Update Extraordinary Service for Extraordinary Members

3 Compliance Alliance Q&A Q: 1.) My financial institution is looking at a participation to purchase. We haven t done this in a long time, especially after the beneficial ownership rule has been effective. The borrowing entity is an LTD partnership. As only the participant, what do we need to collect for beneficial ownership? A Nebraska Bankers Association Company 2.) Are loan participations purchased from third parties and loans purchased from a car dealer or mortgage broker within the exclusion from the definition of account for loans acquired through an acquisition, merger, purchase of assets, or assumption of liabilities? A: 1.) Participation loans are technically exempt from the Beneficial Owner rule. The bank should obtain, however, some type of certification or assurance that the originating bank collected the beneficial owner information. 2.) Yes, this exclusion is intended to cover loan participations purchased from third parties and loans purchased from a car dealer or mortgage broker. If, however, the bank is extending credit to the borrower using a car dealer or mortgage broker as its agent, then it must ensure that the dealer or broker is performing the bank s CIP. PAGE 2: Not a Compliance Alliance Member? Compliance Alliance offers a comprehensive suite of compliance management solutions. To learn how to put them to work for your bank, call or info@compliancealliance.com. NBA Employee Spotlight: Rhonda Tucker, NBISCO Commercial Lines Account Representative Rhonda has been on the NBA NBISCO team for four years this October. Rhonda is licensed in Property & Casualty, and Life & Health and holds a CIC (Certified Insurance Counselor) designation allowing her to knowledgeably assist with NBISCO s commercial lines policies. Rhonda exercises a terrific eye for detail and great work ethic which is much appreciated by her team! Hometown: Lincoln, Nebraska Alma Mater: Lincoln Northeast High School; University of Nebraska-Lincoln Favorite Part of My Job: I like that I get the opportunity to work with and provide help to many people, including our bank agents, customers, our insurance carriers, and my NBISCO/NBA team. Favorite Thing About Nebraska: I like being close to my family. I also like the changing of the seasons with fall as my favorite. Hobbies: I like to quilt, read, see movies, attend live music events and concerts, and travel. I would love to travel abroad, and I m currently working through visiting all 50 states. I m a little over half way at 27 states plus Washington D.C. I also love taking care of my two fur-babies, Romie and Gabby. Extraordinary Service for Extraordinary Members NBA Update 3

4 Get Smart About Credit Day Is Oct. 18 Get Smart About Credit Day marks the second presentation segment for bank involvement criteria in the NBA s Personal Economics Program (PEP). Become a PEP banker when you provide ANY financial education-related classroom or group presentation within your community. All NBA-member financial institutions are encouraged to participate in these efforts. The NBA recognizes the member banks having the greatest level of involvement in financial education every year during the Annual Convention in May. For additional details and to download the financial education activity report, visit NBA Personal Economics Program & Bank Honor Roll. Understanding Credit Is Vital to the Success of Our Youth Credit education isn t just about paying for college, credit cards, and loans. It encompasses budgeting, understanding a credit report, and identity protection. Credit education is also critical to the postsecondary success of young people, many of whom are starting their adult lives with significant student loan debt. The purpose of Get Smart About Credit, sponsored by the American Bankers Association Foundation and supported by the NBA, is to raise awareness about the importance of using credit wisely and to position you and your bank as trusted partners in helping young people, and by extension your communities, thrive. Young adults need to understand how budgeting plays a role in managing credit wisely, that reading and understanding their credit report can mean the difference between landing a job or stalling their career, and why identity protection is everyone s responsibility. Who knows this better than you, the local banker? This Oct. 18, or anytime this fall, the NBA encourages you to teach a credit lesson to young adults. Consider reaching out to your local high schools, youth-oriented activity clubs, or your local community colleges. To register or to download lesson plans, activity sheets, PowerPoint presentations, and other communications tools, visit the ABA at Get Smart About Credit. Attention Ag Bankers: FSA Schedules Certified & Preferred Lender Program Training Farm Service Agency (FSA) has scheduled a Certified Lender Program (CLP) and Preferred Lender Program (PLP) training meeting for Thursday, Oct. 18, in Kearney. All new CLP/PLP lenders, existing CLP/PLP lenders wanting additional loan officers to be designated, or anyone interested in the CLP/PLP lender program should attend this training session. FSA can only accept CLP/PLP loan requests from designated loan officers who have attended this training. The meeting will be held from 10:00 a.m. to 3:00 p.m. CT at the Holiday Inn Hotel and Convention Center in Kearney. To register or for more information about this training, contact Coreen Carnes at the Nebraska State FSA office at or coreen.carnes@ne.usda.gov no later than Oct. 10. Training material will be provided the day of the training. Updated Statutory Loan Limits for FSA Guaranteed Loans Statutory loan limits for FSA Guaranteed Loans will be increased to $1,429, effective Oct. 1, The maximum FSA Guaranteed Farm Ownership (FO) and Operating (OL) loan levels are outlined in 2- FLP (Rev. 1), Paragraph 244 A. 4 NBA Update Extraordinary Service for Extraordinary Members

5 2018 FALL GROUP AREA BANKER MEETINGS OVERVIEW LEGISLATIVE UPDATE SEPT & OCT 2-4 HEAR FROM THE STATE SENATORS Register online at

6 2018 Fall Group Meetings Afternoon Sessions Tuesday, September 25 Wednesday, September 26 Thursday, September 27 Thursday, October 4 Scottsbluff, Hampton Inn & Suites North Platte, Holiday Inn Express Kearney, Holiday Inn Norfolk, Country Club Program Outline Early Bird Session :00 2:45 p.m. Annual VEBA Update No charge for members, but you must register! 3:00 p.m. Group Meetings Welcome, Overview, and Legislative Update Join the NBA us for a fast-paced look at the issues impacting the financial services industry in Nebraska. Dave Dannehl Alan Emshoff Richard Baier Bob Hallstrom Jerry Stilmock Chairman Chairman-elect President/CEO General Counsel Assoc. Gen. Counsel 3:30 p.m. The Vital Impact HR Has on Your Organization Chad Thies, President, Zelle Human Resource Solutions, Lincoln 4:00 p.m. Break 4:15 p.m. Hear from the State Senators! Please plan to attend one of the locations of this year s meetings to take advantage of an opportunity to discuss topics of interest or concern with your state senator. Your involvement with elected representatives can and will make a difference. 5:00 p.m. Adjournment / Reception with Your State Senator 2018 Fall Group Meetings Luncheon Sessions Tuesday, October 2 Wednesday, October 3 Lincoln, Cornhusker Marriott Hotel Omaha, Hilton Omaha Program Outline Early Bird Session :00 11:45 a.m. Annual VEBA Update No charge for members, but you must register! 12:00 p.m. Lunch with the State Senators 12:45 p.m. Group Meetings Welcome, Overview, and Legislative Update 1:15 p.m. The Vital Impact HR Has on Your Organization 1:45 p.m. Adjournment

7 Registration Fees... All bank officers, directors, and staff are welcome to attend to learn more about this year s issues at hand! The advanced registration fee per person is: Member: $35 first registrant* $30 each additional registrant* Non-Member: $105 first registrant* $105 each additional registrant* Registration fee covers the cost of meeting materials, break service, and reception or lunch, depending on location. The deadline for registration and receiving refunds of cancelled registration fees is September 18. Registrations received after that date will be an additional $10 per person and subject to space availability. Location Information... Tuesday, Sept. 25 Scottsbluff, Hampton Inn 301 West Highway 26 (308) Wednesday, Sept North Platte, Holiday Inn Express 300 Holiday Frontage Rd (308) Thursday, Sept. 27 Kearney, Holiday Inn 110 S 2nd Ave (308) Tuesday, Oct. 2 Lincoln, Cornhusker Marriott Hotel 333 S 13 th St. (402) LUNCHEON Wednesday, Oct. 3 Omaha, Hilton Omaha 1001 Cass St (402) LUNCHEON Thursday, Oct. 4 - Norfolk, Country Club 1700 North Riverside Boulevard (402) Fall Group Meetings Sept. 25, 26, 27, Oct. 2, 3, 4, /16/18 Financial Institution: Bank / Branch Address: City/Town: Zip: Phone# ( ) ONLINE YOU MUST LOGIN TO RECEIVE MEMBER DISCOUNTED PRICING! Please register the following individual(s): NAME (as you wish it to appear on the badge) Last 4 Digits of SSN Which location do you plan to attend? VEBA SESSION (No Charge) MEETING REGISTRATION $35...first reg $30...each additional reg REGISTRATION FEES: NBA Members: (First reg) $35 (per person); (Each additional) $30 (per person) Non-NBA Members: (First reg) $105 (per person); (Each additional) $105 (per person) Registrations received after September 18 will be an additional $10. Four Ways to Register: FAX: (402) WEBSITE: MAIL: NBA Education Center, PO Box 80008, Lincoln, NE Education PHONE: (402) Event Calendar TOTAL DUE $ Payment Choice (check one): MasterCard VISA Cardholder Name: Card Number: CVV: Exp. Date: Signature:

8 We would like to express our thanks to NBISCO for cosponsoring the 2018 Fall Group Meetings. If you have any questions about the 2018 Fall Group Meetings, please contact the NBA Education Center at (402) Please feel free to dress casually. To ensure your comfort, please bring a light jacket or sweater to the program. Notice: If you have a disability that may affect your participation in this event, please forward a statement regarding any special needs to the Nebraska Bankers Association. We will contact you to discuss accommodations. 233 South 13th Street, Suite 700 Lincoln, Nebraska Phone: (402) Education Center Fax: (402) /16/18

9 2018 WOMEN WOMEN IN BANKING CONFERENCE ANNUAL CONFERENCE OMAHA OCT LEAD CHANGE GROW Embassy Suites Downtown, Omaha Register online at

10 Join your peers at NBA s fourth annual Women in Banking Conference and learn skills to improve your effectiveness inside and outside of the office. Also, hear about the latest trends in technology that are changing the industry and the skills required to lead banking organizations into the future. Women at every level from emerging leaders to executives will benefit from this conference and gain the knowledge to affect change, grow professionally and become more effective leaders. Wednesday, October 10, :30 a.m. Registration / Continental Breakfast 9:00 a.m. Welcome and Opening Remarks 9:15 a.m. How to Work With and Lead People Not Like You Kelly McDonald, Author of three bestselling books, and President, McDonald Marketing 10:30 a.m. Break We all know that a diverse workforce leads to better decisions and solutions it has been proven to grow business and profits. But when the person in the next cube or office is different from you, friction can arise. Different people may not see eye to eye on an issue. They may have vastly different approaches to work. Their communication styles maybe very different. Their comfort in working with technology may be miles apart. They may see work as a formal environment or one that is casual. They may even have different reasons and motivations for working in the first place. Cultural backgrounds and norms can differ. Even men and women can see situations differently. How do you work alongside someone who may be quite different from you, respect those differences and be effective in your role? 10:45 a.m. Sock It To Me, Socrates: A Guide to Living a Balanced Life Janie Walters, Champion Communications Brilliant minds throughout history have pondered the best way to live a life. William James said, The great use of life is to spend it for something that will outlast it. A Peace Corps commercial proclaimed, If you re not doing something with your life, it doesn t matter how long it is. Says Paul Boese, We come into this world head first and go out feet first; in between, it s all a matter of balance! 12:00 p.m. Luncheon & Dining Etiquette, with Paula Pace, The Executive Development Group, Lincoln 1:00 p.m. Leadership: A Woman s Perspective a panel discussion 2:15 p.m. Break Female leaders have many of the same qualities as their male colleagues, especially an ability to set high goals and inspire others to fulfill them. But women are different in some ways that make them valuable additions to decision making teams. Join us to learn from our panel of bankers from varying communities and sizes of banks, share their story of leadership from a woman s perspective. 2:30 p.m. Powerful Presence: Helping Others to Show and Tell Their Power Colonel Jill Morgenthaler, U.S. Army (Ret.) First Colonel Jill will enthrall you with her showdown with Saddam Hussein. Then she will entertain you while sharing with you how to present your powerful presence. Some women roar ahead in their careers while others stagnate. Some advance their careers, and some unknowingly sabotage their careers. One way to success is when women help women. Colonel Jill shows women ways to help each other move forward, while eliminating unconscious mistakes that could be holding them back. 4:00 p.m. Networking Reception with Comedy Magician, Lee Cole Join your fellow bankers for some conversation time over the day s sessions and speakers, while enjoying a beverage, light hors d oeuvres, and entertainment by our strolling comedy magician! Dinner in the Old Market on Your Own 6:00 p.m. Adjourn Dinner on Your Own!

11 Thursday, October 11, :30 a.m. Continental Breakfast 9:00 a.m. Working Women: Lessons from the Links Sarah Sasse Kildow, Director of Communications & Marketing, Nebraska Bankers Association Sarah is a two time Nebraska state high school golf champion from Lincoln High School. She won the Nebraska Girls Golf Match Play title three times and the state women's Stroke Play championship five times. At UNL, she was the 2003 Big XII champion, Big XII player of the year, and is the only Husker golfer in history to receive firstteam All American honors. Sarah competed on the professional tour and instructed for three years before hanging up her clubs. In 2016, she was one of 22 members of the University of Nebraska Athletics Hall of Fame inaugural class. Sarah will share stories from the links and lessons that often apply to working women. 9:30 a.m. Step Up, Speak Up, Show Up Confident Communication Strategies for Women in Business Debbie Peterson, Getting to Clarity 10:30 a.m. Break Every aspect of your professional life involves communication with others. Confident Communication is vital for you to succeed but are you aware of what may be sabotaging it? Confident communication is so much more than the words you speak. Take charge of your personal thoughts and communications and experience the professional results that you deserve! 10:45 a.m. Unleash Your Inner Superstar! Lynn O Dowd, Chicago, IL 12:00 p.m. Adjournment This session will leave you super charged and ready to step out of your comfort zone, and risk new levels of passion, performance and courage! A transformational program that combines heart opening music, entertaining storytelling, an awe inspiring message and an unforgettable final to support you in breaking free from being super stuck to becoming super successful in business and life! Armed with her GoGaga Formula, the transformational process she developed to help her overcome fear and achieve extraordinary success, Lynn redefied middle age and leaped from being a successful corporate time management consultant to being a rock n roll singer, and inspirational speaker! Registration Information Member Fee: Non Member Fee: First reg $285 per person* $855 per person* Each additional $270 per person* *If received by October 3, 2018 This fee includes all conference materials, continental breakfasts, luncheon, break service, and Wednesday evening event. The deadline for registrations and refunds for cancelled registrations is October 3, Any registrations received after that date will be an additional $20 per person and subject to space availability. Location Information Reservations can be made by calling the hotel directly by September 17. Please mention that you re with the NBA room block. The NBA rate is $149 plus taxes. Embassy Suites Downtown 555 S 10 th St., Omaha / (402) Please feel free to dress casually. To ensure your comfort, please bring a light jacket or sweater to the program. Notice: If you have a disability that may affect your participation in this event, please forward a statement regarding any special needs to the Nebraska Bankers Association. We will contact you to discuss accommodations. REGISTRATION FORM ON BACK COVER!

12 1 09/04/18 Financial Institution: 2018 Women in Banking Conference Omaha Embassy Suites Downtown October 10 11, 2018 Please register the following individual(s): NAME (as you wish it to appear on the badge) Last 4 Digits of SSN Bank / Branch Address: City/Town: Zip: Phone# ( ) Address Member Fee: First reg $285 per person Add l $270 per person Non Member Fee: $855 per person Full Registrants: Please check ( ) to confirm your participation in the reception event. ONLINE YOU MUST LOGIN TO RECEIVE MEMBER DISCOUNTED PRICING! Registrations received after October 3 will be an additional $20 per person. Four Ways to Register: Payment Choice (check one): FAX: (402) WEBSITE: MAIL: NBA Education Center, PO Box 80008, Lincoln, NE Education PHONE: (402) Event Calendar TOTAL DUE $ MasterCard VISA Cardholder Name: Card Number: CVV: Exp. Date: Signature: 233 South 13th Street, Suite 700 Lincoln, Nebraska Phone: (402) Education Center Fax: (402) /04/18

13 Certified Banking CYBERSECURITY MANAGER TM THE CERTIFIED ADVANTAGE: With the guidance of a cyber expert, complete the FFIEC Cybersecurity Assessment for your institution. Build a solid foundation of understanding for the FFIEC guidance. Gain the knowledge to better defend cybersecurity threats. This onsite certification is delivered over two days. It provides an opportunity to work closely with a security expert and network with peers. ON SITE Course Date: October 15-16, 2018 Schedule: Day 1: 9:00-5:00 Day 2: 8:00-4:00 Location: Nebraska Bankers Association 233 S 13th Ste 700, Lincoln, NE Requirements: A laptop or tablet with your preferred Internet browser. WHAT YOU WILL LEARN: Cybersecurity Overview Inherent Risk Risk Maturity Cybersecurity Policy Effective Cybersecurity Reporting and Decision-Making Cybersecurity Audit Enterprise Risk Management EXECUTIVE Director President CIO CISO CORE CERTIFICATION Certified Banking Security Executive CBSE CTO CFO COO TESTIMONIAL: I was fortunate enough to be involved in the first offering of the certification program and due to the program s benefits, I continue to renew each year. Each year I learn something new and more innovative ways to grow the bank s program. SBS has been a resource not only for their certification programs, but also as a security partner. - Rachel Losey, PA SPECIALIZED CERTIFICATIONS Certified Banking Cybersecurity Manager CBCM INSTRUCTOR: Chad Knutson, CISSP, CRISC, CISA President, SBS Institute PRICE: Certification: $1,295 A $295 annual membership fee and 4hours of continual educational credits are required to keep the CBCM designation. For more information or to enroll in this certification visit

14 Please feel free to dress casually. To ensure your comfort, please bring a light jacket or sweater to the program. Notice: If you have a disability that may affect your participation in this event, please forward a statement regarding any special needs to the Nebraska Bankers Association. We will contact you to discuss accommodations. 233 South 13th Street, Suite 700 Lincoln, Nebraska Phone: (402) Education Center Fax: (402) Certified Banking CYBERSECURITY MANAGER TM Certification 1-09/17/18 Financial Institution: Bank / Branch Address: City/Town: Zip: Phone# ( ) October 15 16: NBA Office, Lincoln Please register the following individual(s): NAME (as you wish it to appear on the badge) Last 4 Digits of Address SSN The advanced registration fee per person for the CCBSP Certification Program is: Member: $1,295 Non-Member: $3,885 ($295 Annual Renewal) Registrations received after October 9, 2018, will be an additional $100. Four Ways to Register: FAX: (402) WEBSITE: MAIL: NBA Education Center, PO Box 80008, Lincoln, NE Education PHONE: (402) Event Calendar TOTAL DUE $ Payment Choice (check one): MasterCard VISA Cardholder Name: Card Number: CVV: Exp. Date: Signature:

15 2018 SUMMIT REGULATORY ISSUES SUMMIT ANNUAL SUMMIT LINCOLN OCT 26 DIALOGUE WITH THE REGULATORS Cornhusker Marriott, Lincoln Register online at

16 Share a Dialogue with the Regulators The 2018 Summit on Regulatory Issues has been planned to provide an opportunity for bankers to have a dialogue with banking industry regulators. You will hear from representatives from the FDIC, OCC, Federal Reserve, CFPB, and the Nebraska Department of Banking & Finance. We re sure this will be an outstanding event and one you won t want to miss. Friday, October 26, :00 a.m. Registration / Break Service 9:30 a.m. Opening Remarks Dave Dannehl, NBA Chairman First State Bank of Loomis 9:45 a.m. Keeping Pace with the Demands of Regulatory Oversight James C. Ballentine, Executive Vice President of Congressional Relations and Political Affairs American Bankers Association, Washington, DC 10:00 a.m. Regulatory Panel Discussion Moderated by James C. Ballentine James D. LaPierre, Regional Director Federal Deposit Insurance Corp., Kansas City, MO Dialogue with the Regulators HEAR IT HERE From the Regulators Kevin Moore, Senior Vice President, Supervision and Risk Management Division Federal Reserve Bank of Kansas City, Omaha, NE Kay Kowitt, Deputy Comptroller Western District Office of the Comptroller of the Currency, Denver, CO Kelly Lammers, Deputy Director, Financial Institutions Nebraska Department of Banking and Finance, Lincoln, NE Laura Fiene, Assistant Regional Director Consumer Financial Protection Bureau, San Francisco, CA Panel Wrap up with James C. Ballentine (agenda continued on next page)

17 12:00 p.m. Luncheon 1:00 p.m. Up Close & Personal with the Regulators Ask direct questions and hear what those charged with overseeing your institution have on their agenda for the next year during breakout sessions with the regulators. Regulators will have a chance to hear directly from you regarding your concerns, problems, and recommendations. 2:30 p.m. Adjournment Registration Information Member Fee: Non Member Fee: $45.00 per person* for the first registrant; $35.00 per person* for each additional registrant $ per person* *If received by October 19, 2018 This fee includes all program materials, luncheon, and break service. The deadline for registrations and refunds for cancelled registrations is October 19, Any registrations received after that date will be an additional $10.00 per person and subject to space availability. Hotel Information Reservations can be made by calling the hotel directly. Cornhusker Marriott Hotel 333 South 13 th Street, Lincoln (402) Summit on Regulatory Issues Cornhusker Marriott Hotel, Lincoln October 26, /12/18u Financial Institution: Bank / Branch Address: City/Town: Zip: Phone# ( ) Please register the following individual(s): Last 4 Digits of FIRST NAME MI LAST NAME Social Security # October 26, 2018 Lincoln Cornhusker Marriott Hotel Members: $45.00 (per person) 1st registrant; Non-Members: $ (per person) Registration after 10/19/18 will have a $10 late fee charge in $35.00 (per person) for each addt l addition to the registration fee. Four Ways to Register: ONLINE YOU MUST LOGIN TO RECEIVE MEMBER DISCOUNTED PRICING! Payment Choice (check one): FAX: (402) WEBSITE: MAIL: NBA Education Center, PO Box 80008, Lincoln, NE Education PHONE: (402) Event Calendar TOTAL DUE $ MasterCard VISA Cardholder Name: Card Number: CVV: Exp. Date: Signature:

18 Please feel free to dress casually. To ensure your comfort, please bring a light jacket or sweater to the program. Notice: If you have a disability that may affect your participation in this event, please forward a statement regarding any special needs to the Nebraska Bankers Association. We will contact you to discuss accommodations. 233 South 13th Street, Suite 700 Lincoln, Nebraska Phone: (402) Education Center Fax: (402) /12/18u

19 2018 LOAN DOC LOAN DOCUMENTATION WORKSHOPS ANNUAL LOAN DOC WORKSHOPS NOV PRINCIPLES ADVANCED AG-LENDER Holiday Inn, Kearney Register online at

20 Loan Doc I... Principles of Loan Documentation The Principles of Loan Documentation workshop is designed to help those who make, manage or review loans become proactive in minimizing loan losses. Dubbed "Street Law for the Commercial Lender," this one-day workshop focuses on the major legal concepts, specific requirements and common problems of commercial loan documentation, with a particular emphasis on avoiding loan losses due to faulty documentation that even cutting-edge documentation software cannot always effectively eliminate. Our philosophy is to develop hands-on instruction so that participants can return to their jobs and apply what they have learned. PROBLEM METHOD Throughout the program the problem method will be used to challenge the participants in important areas of loan documentation. The instructor will demonstrate the difficulty and challenges often times hidden in every day/routine lending transactions by posing problems to the participants based on real world situations faced by actual lenders who, unfortunately, documented the loan incorrectly resulting in costly legal challenges. The use of the problem method will involve the participants and challenge their ability to identify documentation errors and deficiencies common in commercial lending transactions. The workshop will illustrate how to: Perfect security interests under Article 9 of the UCC Identify the borrower and document the authority to borrow Understand contract basics, notes, security agreements, mortgages, pledges and other essential loan contracts Use commitment letters Understand the implications of loan default(s) Protect against tax liens and other conflicting encumbrances Understand bankruptcy implications Recognize and prevent violations of ECOA Participants will learn a step-by-step process to recognize problems and take action to prevent loan loss exposure from faulty documentation. ESSENTIALS OF ARTICLE 9 OF THE UNIFORM COMMERCIAL CODE Article 9 of the Uniform Commercial Code, adopted in all states, dictates how lenders perfect security interests in all collateral except real estate. Participants will learn how to interpret and apply the principles of this important body of law that governs all transactions intended to create a security interest in personal property and/or fixtures. This section will examine the most common problems encountered with UCC Article 9 and provide practical guidance in critical areas, including: Basic scope of Revised Article 9 Different perfection methods under the UCC Collateral classification & description under Article 9 Lien priorities and lien searches Perfecting security interests in deposit accounts Enforcing unperfected security interests The where to file rules are examined Gaining priority through purchase money Creating enforceable security interests in various transactions types of collateral REAL ESTATE MORTGAGES / DEEDS OF TRUST Participants will learn the basic requirements of securing loans with real estate examining such problems as perfection, future advance clauses and loan renewals. Participants will be exposed to proper due diligence procedures when a loan is secured by real estate including the use of title insurance, surveys and environmental audits. WORKSHOP MATERIAL Each participant will receive a workshop manual consisting of over 250 pages of reference material, including a user s guide to loan documentation, a sample forms file, comprehensive loan closing checklist, and key excerpts from Nebraska's version of Article 9 of the Uniform Commercial Code. During the session, participants will learn to use this comprehensive manual as a desk reference for dealing with the questions and problems that will be encountered on-thejob. About the Speaker: Lewis C. Laderer, Jr. is a partner in the law firm of Laderer & Fischer, P.C. in South Bend, Indiana. Laderer & Fischer focus their practice almost exclusively on the representation of commercial banks and other commercial lenders in the areas of banking law, commercial litigation, and bankruptcy. Program Outline: (all three days) 8:30 a.m. Registration/Continental Breakfast 9:00 a.m. General Session 12:00 p.m. Luncheon 1:00 p.m. General Session 4:00 p.m. Adjournment

21 Loan Doc II... Advanced Loan Documentation Prevention of loan losses through implementation of proper loan structuring and documentation techniques is the objective of this workshop. This follow-up workshop to Principles of Loan Documentation will focus on more complex and problematic lending transactions, including securing loans with real estate with special emphasis on title insurance and surveys, and understanding the special problems of floor-plan and construction financing. In addition, this workshop will address the provisions of revised Article 9 of the Uniform Commercial Code that deal with security interests in securities and other investment property, such as brokerage and trust accounts. FLOOR-PLAN FINANCING Part I of this workshop will address key issues related to floor-plan financing, including: the floating lien concept under Article 9; perfection of a purchase money security interest; understanding the interests and rights of the parties involved; key components and provisions of the floor plan loan agreement; cooperative efforts between and among competing floor-plan lenders; successful monitoring of the floor plan agreement to prevent sales out of trust; and the special problems associated with a floorplan borrower in default. SECURING LOANS WITH INVESTMENT PROPERTY UNDER REVISED ARTICLE 9 OF THE UNIFORM COMMERCIAL CODE This session of the workshop will review the scope and requirements of the revised Uniform Commercial Code dealing with perfecting security interests in stocks, bonds, mutual funds, investment accounts, and other investment property. Participants will learn the scope, provisions and definitions under Article 9 as well as key provisions from Article 8 of the UCC; the interaction of the revised Articles 8 and 9 of the Uniform Commercial Code and how to perfect and terminate security interests in certificated and un-certificated securities as well as investment accounts. CONSTRUCTION FINANCING Section III of the workshop addresses potential problem areas unique to construction financing and how to avoid them. Participants will learn how to collateralize and document a construction loan (including preparation of the construction loan agreement and commitment letter). In addition, this segment will examine the all-important subject of disbursement controls and limiting the risks posed by mechanic s liens. This section will also explore how the lender might increase its protection and reduce the administrative burdens of a construction loan by using a title insurance agent to handle disbursement of loan proceeds. REAL ESTATE SECURED LOANS The final portion of the program will deal with some of the unusual challenges related to loans secured by real estate. Participants will learn how to create and perfect a security interest in real estate using a mortgage or deed of trust. The program dissects a typical mortgage explaining its key provisions and their benefit to the mortgage lender. The primary emphasis in this section of the program is on title insurance and surveys, how to understand them and use them effectively to enhance the protection of the lender s security interest in real estate. Included will be a detailed discussion about the lender s title insurance policy, available endorsements which provide greater protection to the lender, understanding and obtaining deletion of the standard exceptions to coverage in title commitment letters, and the importance of real estate surveys and environmental due diligence to the lender taking real estate as collateral. WORKSHOP MATERIAL Each registrant will receive a comprehensive manual designed to be used as a daily reference tool for those involved in the lending process. The workshop manual will include detailed checklists, reference material, a course outline and important and useful contractual documents and provisions. Registration Information: Advance registration fee for these workshops includes all workshop materials, continental breakfast, break service & luncheon. The registration breakdown is as follows: Member Non-Member Loan Documentation I: Principles of Loan Documentation Workshop... $ $ Loan Documentation II: Advanced Loan Documentation Workshop... $ $ Loan Documentation III: Loan Documentation for the Ag-Lender Workshop... $ $ The deadline for registration and receiving refunds for cancelled registrations is November 8, Registrations received after that date will be an additional $25 per workshop/per banker and subject to space availability. Continued on reverse.

22 Loan Doc III... Loan Documentation for the Ag-Lender This program should be attended by people involved in the agricultural lending process in lieu of the Principles of Loan Documentation Workshop. Poor loan documentation can cost your financial institution thousands of dollars each year. Unfortunately, the importance of effective loan documentation is most apparent when it is already too late. Dubbed "Street Law for the Agricultural Lender," this workshop focuses on the major legal concepts, specific requirements and common problems in the specialized field of agricultural loan documentation with particular emphasis on avoiding loan losses due to faulty documentation. Our hands-on approach allows you to return to work and apply what you have learned. This workshop should be taken by people involved in the agricultural lending process in lieu of the Principles of Loan Documentation Workshop. PROBLEM METHOD Throughout the program the problem method will be used to challenge the participants in important areas of agricultural loan documentation. The instructor will demonstrate the difficulty and challenges often times hidden in every day/routine agricultural lending transactions by posing problems to the participants based on real world situations faced by actual lenders who, unfortunately, documented the loan incorrectly resulting in costly legal challenges. The use of the problem method will involve the participants and challenge their ability to identify documentation errors and deficiencies common in agricultural lending transactions. IDENTIFYING THE BORROWER Lending to family farming operations has unusual challenges. The program deals with ways to flush out the interests that spouses and children might have in the family farming operation. It examines who should be the borrower and who should sign security agreements. REAL ESTATE MORTGAGES/DEEDS OF TRUST Participants will learn the basic requirements of securing loans with real estate examining such problems as perfection, future advance clauses and loan renewals. Participants will be exposed to proper due diligence procedures when a loan is secured by real estate including the use of title insurance, surveys and environmental audits. ESSENTIALS OF ARTICLE 9 OF THE UNIFORM COMMERCIAL CODE Article 9 of the Uniform Commercial Code, enacted into law in all states, dictates how lenders perfect security interests in all collateral except real estate. Over the years, major changes have occurred in the area of agricultural security interests. This workshop examines the current version of Article 9 in effect in Nebraska, including the 2010 Amendments that became effective on July 1, Emphasis will be placed on collateral description and perfection, where to file for all types of collateral, dealing with non-article 9 agricultural liens adopted in Nebraska (and neighboring states) and how they impact the Article 9 agricultural lender. Those attending will also learn to identify when purchase money security interests are important, and how to use them to gain a first position over a prior UCC filer for equipment, inventory, livestock, and fixture collateral. Participants will learn how to interpret and apply the principles of this most important body of law which governs all transactions intended to create a security interest in personal property (including crops and livestock) and/or fixtures. Special emphasis will be placed on perfecting security interests in both tangible (e.g., crops and livestock) as well as intangible (e.g., USDA entitlement payments) agricultural. SAMPLE LOAN DOCUMENTS Each registrant will receive a comprehensive Ag-Lending Loan Documentation Manual including key statutory references, a comprehensive workshop outline, sample ag-lending loan documents as well as other information important to the ag-lender. WHO SHOULD ATTEND This workshop is appropriate for anyone involved in the agricultural lending process including CEOs, loan officers, credit analysts, bank counsel, branch managers with lending authority, loan review personnel, internal auditors and documentation support staff. It is structured similarly to the Principles of Loan Documentation program with special emphasis on the challenges facing the ag-lender. This program should be attended by people involved in the agricultural lending process in lieu of the Principles of Loan Documentation Program. Please feel free to dress casually. To ensure your comfort, please bring a light jacket or sweater to the program. Notice: If you have a disability that may affect your participation in this event, please forward a statement regarding any special needs to the Nebraska Bankers Association. We will contact you to discuss accommodations. Event Location: Holiday Inn - Kearney 110 S 2 nd Ave, Kearney, NE (308) P.O. Box South 13th Street, Suite 700 Lincoln, Nebraska Phone: (402) Education Center Fax: (402) /26/18

23 2018 Loan Documentation Workshops Holiday Inn - Kearney November 13, 14, 15, /26/18 Financial Institution: Bank / Branch Address: City/Town: Zip: Phone# ( ) Please register the following individual(s): Last 4 Digits of FIRST NAME MI LAST NAME Social Security # Nov 13 Loan Doc I Holiday Inn - Kearney Nov 14 Loan Doc II Nov 15 Loan Doc III Please indicate which of the following workshop(s) you plan on attending under the appropriate date(s) and workshop number(s): Member Non-Member Loan Documentation I: Principles of Loan Documentation Workshop... $ $ Loan Documentation II: Advanced Loan Documentation Workshop... $ $ Loan Documentation III: Loan Documentation for the Ag-Lender Workshop... $ $ Four Ways to Register: Registrations after 11/08/18 will receive an additional late fee charge of $25.00 per workshop. ONLINE YOU MUST LOGIN TO RECEIVE MEMBER DISCOUNTED PRICING! Payment Choice (check one): FAX: (402) WEBSITE: MAIL: NBA Education Center, PO Box 80008, Lincoln, NE Education PHONE: (402) Event Calendar TOTAL DUE $ MasterCard VISA Cardholder Name: Card Number: CVV: Exp. Date: Signature: 2018 Loan Documentation Workshops Holiday Inn - Kearney November 13, 14, 15, /26/18 Financial Institution: Bank / Branch Address: City/Town: Zip: Phone# ( ) Please register the following individual(s): Last 4 Digits of FIRST NAME MI LAST NAME Social Security # Nov 13 Loan Doc I Holiday Inn - Kearney Nov 14 Loan Doc II Nov 15 Loan Doc III Please indicate which of the following workshop(s) you plan on attending under the appropriate date(s) and workshop number(s): Member Non-Member Loan Documentation I: Principles of Loan Documentation Workshop... $ $ Loan Documentation II: Advanced Loan Documentation Workshop... $ $ Loan Documentation III: Loan Documentation for the Ag-Lender Workshop... $ $ Four Ways to Register: Registrations after 11/08/18 will receive an additional late fee charge of $25.00 per workshop. ONLINE YOU MUST LOGIN TO RECEIVE MEMBER DISCOUNTED PRICING! Payment Choice (check one): FAX: (402) WEBSITE: MAIL: NBA Education Center, PO Box 80008, Lincoln, NE Education PHONE: (402) Event Calendar TOTAL DUE $ MasterCard VISA Cardholder Name: Card Number: CVV: Exp. Date: Signature:

24 September 21, 2018 Vol. XXXV, No. 20 HMDA REPORTING PARTIAL EXEMPTIONS I. INTRODUCTION The Consumer Financial Protection Bureau (CFPB) has issued a final rule to implement and clarify changes made by the Economic Growth, Regulatory Relief, and Consumer Protection Act (S. 2155), relating to the HMDA reporting requirements. S established partial exemptions for some insured depository institutions from certain HMDA requirements. The following partial exemptions are generally available to ensure depository institutions: For closed-end mortgage loans, if the institution originated fewer than 500 closed-end mortgage loans in each of the two preceding calendar years; For open-end lines of credit, if the institution originated fewer than 500 open-end lines of credit in each of the two preceding calendar years. Institutions qualifying for the partial exemptions are exempt from the collection, recording, and reporting requirements for some, but not all, of the data points specified in current Regulation C. II. HMDA REPORTING REQUIREMENTS A. Partial Exemptions The 2018 HMDA Final Rule specifies the data points that do not need to be collected and reported if a transaction qualifies for a partial exemption, as well as those data points that must be collected and reported even if a transaction qualifies for a partial exemption. There are a total of 48 data points currently required by Regulation C. Under S. 2155, 26 of the 48 data points do not need to be collected and reported if the transaction qualifies for a partial exemption. The final rule clarifies that, for purposes of the partial exemptions, closed-end mortgage loan and open-end line of credit mean only those loans or lines of credit that would otherwise be reportable under HMDA. The final rule specifically delineates which data points are covered by the partial exemption which may be found at (pages 6-8).

25 B. CRA Exception The final rule also clarifies that, for purposes of determining whether the CRA exception applies to an insured depository that would otherwise qualify for a partial exemption, the CRA examination assessment must be made as of December 31 of the proceeding calendar year. For example, an insured depository institution that received a rating of substantial non-compliance on its most recent CRA examination, which occurred on or before December 31, 2019, would not be eligible for the partial exemptions in Likewise, an insured depository institution that received a rating of needs to improve record of meeting community credit needs on each of its two most recent CRA examinations that occurred on or before December 31, 2019, would not be eligible for the partial exemptions in C. Non-Universal Identifier The final rule provides that, if a transaction qualifies for a partial exemption and the insured depository institution opts not to report a universal loan identifier, the institution must report a non-universal loan identifier for the loan or application that complies with requirements specified in the final rule so that each loan and application reported for HMDA purposes is identifiable. A non-universal loan identifier does not need to be unique within the industry, but it still must be unique within the insured depository institution and meet other requirements specified in the 2018 final rule. It does not need to include a Legal Entity Identifier or a check digit. D. Voluntary Reporting An insured depository institution has the option to voluntarily report exempt data points for transactions that qualify for a partial exemption. An insured depository institution that opts to voluntarily report an exempt data point must report all data fields that the specific data point comprises. E. Transition Issues The final rule applies to data collected or reported under HMDA on or after May 24, An insured depository institution that is eligible for a partial exemption for a transaction does not need to collect exempt data points on or after May 24, In addition, such institutions are not required to report certain data that may have been collected on or before May 24, For example, if an insured depository institution is eligible for a partial exemption for its closed-end mortgage loans and the institution collected data for its closed-end mortgage loans prior to May 24, 2018, the institution is not required to report in 2019 any data covered by the partial exemption for its closedend mortgage loans. The foregoing Compliance Update is for informational purposes only and does not constitute legal advice. As a reminder, the NBA general counsel is the attorney for the Nebraska Bankers Association, not its member banks. The general counsel is available to assist members with finding resources to help answer their questions. However, for specific legal advice about specific situations, members must consult and retain their own attorney. 2

26 September 21, 2018 Vol. XXXV, No. 21 TRUTH IN LENDING ACT ANNUAL THRESHOLD ADJUSTMENTS The Consumer Financial Protection Bureau (CFPB) has issued a final rule amending the regulatory text and official interpretations for Regulation Z, which implements the Truth in Lending Act (TILA). The final rule becomes effective on January 1, The Bureau is required to calculate annually the dollar amounts for several provisions in Regulation Z; with the final rule reviewing the dollar amounts for provisions implementing amendments to TILA under the Credit Card Accountability Responsibility and Disclosure Act of 2009 (CARD Act), the Home Ownership and Equity Protection Act of 1994 (HOEPA), and the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). These amounts are adjusted, where appropriate, based on the annual percentage change reflected in the Consumer Price Index in effect on June 1, The minimum interest charge disclosure thresholds will remain unchanged at $1.00 in The adjusted dollar amount for the penalty fees safe harbor in 2019 will increase by $1 to $28 for a first late payment and will increase by $1 to $39 for a subsequent violation. For HOEPA loans, the adjusted total loan amount threshold is $21,549, effective January 1, The adjusted statutory fee trigger for HOEPA loans is $1,077, effective January 1, Effective January 1, 2019, for the purpose of creditor s determination of a consumer s ability to repay a transaction secured by a dwelling, a covered transaction is not a qualified mortgage unless the transaction s total points and fees do not exceed 3 percent of the total loan amount for a loan greater than or equal to $107,747 (was $105,158); $3,232 for a loan amount greater than or equal to $64,648 (was $63,095), but less than $107,747; 5 percent of the total loan amount for a loan greater than or equal to $21,549 (was $21,032), but less than $64,648 (was $63,095); $1,077 (was $1,052) for a loan amount greater than or equal to $13,468 (was $13,145), but less than $21,549; and 8 percent of the total loan amount for a loan amount less than $13,468 (was $13,145). The foregoing Compliance Update is for informational purposes only and does not constitute legal advice. As a reminder, the NBA general counsel is the attorney for the Nebraska Bankers Association, not its member banks. The general counsel is available to assist members with finding resources to help answer their questions. However, for specific legal advice about specific situations, members must consult and retain their own attorney.

27 Banks & Bankers (September 19-25) Bankers in the News Wende Kotouc, American National Bank (Omaha), has been elected to the Creighton University Board of Trustees. Banks in the News Adams Bank & Trust and Waypoint Bank (both of Imperial) were sponsors for a Chase County Schools t-shirt design contest in which grades 9-12 students were given time on the first day of classes to design a shirt for their entire class. American Exchange Bank (Elmwood) awarded a total of $1,000 in premiums to customers who participated in the area 4-H programs at the county fairs. Cornerstone Bank (Shelton) treated their customers to a free meal and gifts last week at their annual customer appreciation barbeque. (pictured to the right) First National Bank Fremont (Fremont) hosted a barbecue fundraiser on Sept. 19 to benefit Fremont Area United Way. Bank employees grilled and served more than 250 hamburgers! Congratulations to Nebraska State Bank (Broken Bow) on the re-opening of their main branch after extensive renovations. The bank held an open house and ribbon cutting on Sept. 14 to celebrate. (pictured below) Extraordinary Service for Extraordinary Members NBA Update

28 Banks & Bankers (September 19-25) Promotions & Appointments Bauer Nelly Wachter Glatter OMAHA: Barbara Bauer, Teresa Nelly, and Shelly Wachter, vice presidents/branch managers, West Gate Bank. YORK: Cheri Glatter, credit review officer, Cornerstone Bank. Deaths Brian J. Ramsvick, age 57, passed away on Aug. 25. Ramsvick worked in the credit card authorizations and activity alert departments at First National Bank of Omaha. Barbara A. Sjulin, age 88, passed away on Sept. 6. Barb and her husband, Paul, purchased West Gate Bank in 1981, and she held a 37-year tenure on the board of directors. Share your news with the Nebraska Bankers Association! Whenever your financial institution has a newsworthy event, we want to hear from you. your news, press releases, newspaper clippings, and or photos to news@nebankers.org to be published in an upcoming Banks & Bankers and/or featured on social media. // Extraordinary Service for Extraordinary Members NBA Update

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