Albert C. “Kell” Kelly Jr. has been elected chairman of the American Bankers Association (ABA) for the 2011-2012 association year. Kelly is president/CEO of SpiritBank, Bristow, OK, where he has served for 25 years. The election of Kelly and other officers and directors occurred during the ABA annual convention in San Anto-nio on October 25. Kelly has a diverse and banking and pro-fessional background. He is a past chairman of the Oklahoma Bankers Association and the ABA Community Bankers Council, and has served on the ABA’s board of directors. He has also served on boards in OK, including the Oklahoma State Chamber, Tulsa Chamber of Com-merce, Oklahoma Policy Institute, the Oklahoma Center for Non-Profits, and others. Prior to his banking career, he served as an assistant district attorney in OK and a partner in an OK law firm. He was a Captain in the U.S. Army Re-serve.

Other new officers elected include: chairman-elect, Matthew H. Wil-

liams, Gothenburg State Bank, Gothenburg, NE; vice chairman, Jeff L. Plagge, Northwest Financial Corp., Arnolds Park, IA; and trea-surer, Stephen G. Crowe, MountainOne Financial Partners, MHC, North Ad-ams, MA. New board members elected TX banker S. Todd Maclin, CEO-commercial banking and consumer and business banking, JPMor-

gan Chase & Co., New York, NY. A director from the Bankers Di-gest coverage area who is continuing her term as board member is Sheila Mathews, president/CEO, Four Cor-ners Community Bank, Farmington, NM. The ABA board of directors also approved the creation of up to three at large directors and approved F. Scott Dueser, president/CEO, First Finan-cial Bankshares Inc., Abilene, TX, as the first at large director. Dueser is a past chairman of the Texas Bankers Association Q

First Scottsdale Bank, Scottsdale, AZ, has hired Larry Stangler as senior vice president of SBA lending and Jeremy Hodgson as vice president of business banking. Stangler has over 13 years of bank-ing and real estate lending experi-ence. He formerly served as senior vice president of real estate lending at Investors Mortgage Holdings in Scottsdale. He earned a BS degree in

finance from Arizona State University. Hodgson formerly served as a vice president at Wells Fargo Bank and relationship manager at BBVA Com-pass. He began his banking career as a credit analyst at ABN AMRO/La Salle Bank. He is a graduate of Valparaiso University. First Scottsdale Bank has recently relocated its main office to 15190 N. Hayden Rd. in Scottsdale Q

Volume 139, No. 19November 7, 2011

In This Issue...Statute of Limitations for Payment of a Certificate of DepositLegal Phases....................................3

Charter Activity..............................5

Classified.........................................6

Please route this issue:

www.bankersdigest.com

Albert C. Kelly Jr.

Oklahoma Banker Kelly Elected Chairman, American Bankers Association for 2011-2012

Randy Gartz recently joined Whitney Bank as the commercial market presi-dent in Houston, TX. He previously served at Green Bank, N. A., Hous-ton, TX, as execu-tive vice president and manager of middle market lending. Earlier, he was senior vice president for Mar-quette Financial. Gartz has over 30 years experience in the finance in-dustry, including commercial finance and asset based lending. Additionally, he has owned, operated, and success-fully sold two companies. He holds a BBA degree in finance and accounting from Texas A&M Uni-versity. He volunteers in the Houston community, serving as a member of the Houston ACG, on committees for the Houston Livestock Show & Rodeo, and as a judge for the Rice University MBA competition. In 2012, he will serve as president of the Houston Texas Medi-cal Association organization Q

Gartz Joins Whitney Bank in Houston, TX

Stangler Is SVP and Hodgson VP, First Scottsdale

Gartz

Page 2 BANKERS DIGEST November 7, 2011

Dick Evans, Cullen/Frost Bankers Inc. president and CEO, has announced Dallas and Hous-ton executive ap-pointments. Paul C. Koch, a banking executive with more than 25 years of expe-rience, became president of the Dallas region, ef-fective October 27, and former Dallas Region President Nathan Robinett became Dallas re-gion chairman. Robinett will continue to be a part of the Dallas leadership team, and Paul Bracher, president of state regions and a part of the com-pany’s executive management team, continues his involvement with the Dallas region. Koch joined Frost in 2001 as mar-ket president for the Addison Finan-cial Center; in 2005, he was promoted to sales manager for 11 commercial bankers; and in 2010, he became ex-ecutive vice president responsible for developing commercial banking rela-tionships both in the Dallas market and across all of Frost’s TX regions. He graduated magna cum laude from Miami (Ohio) University with a double major in finance and economics. He is a past member of the Addison 20/20 Vision-ing Committee and coaches the Cop-pell High School Rugby Club. David LePori, a banking executive

with more than 30 years of experience, has been promoted to president of the Houston region, with responsibility for Houston and Galveston, effec-tive October 28. LePori succeeds Dave Beck, who, becomes Houston region chairman. Beck will contin-ue to be an active part of the Houston leadership team, along with his statewide responsibili-ties as president, chief business bank-ing officer, and a part of the executive management team. A native of Gonzales and third gen-eration TX banker, LePori has been a Houston banker since leaving active duty with the U.S. Army in 1982. He has worked in commercial and mid-dle-market lending throughout Hous-ton for more than 30 years. He joined Frost in 1997, was promoted to sales manager in 2004, and in 2011, added the responsibility for managing com-munity banking throughout the Hous-ton-Galveston region. LePori holds a BBA degree in fi-nance from the Texas A&M University and an MS degree in Strategic Stud-ies from the U.S. Army War College. Throughout his professional career, he continued his military service un-til his retirement as a Colonel in May 2011 Q

p e o p l e TeXAS

Frost Bank Taps Koch Dallas Region President, LePori Houston Region President

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Bank of Las Colinas Now Veritex Community Bank

First Financial Bankshares Plans to Activate Stock Plan

Veritex Community Bank, N. A., Dal-las, has acquired Capitol Bancorp Limited’s 51% interest in Bank of Las Colinas and closed the transaction to acquire the whole bank on October 26. The former Bank of Las Colinas now operates as Veritex Community Bank-Irving branch. Veritex now operates 10 locations in Dallas, Garland, Irving, Lakewood, Park Cities, and Plano. The completion of this transac-tion, coupled with Capitol’s prior di-vestiture of Bank of Ford Bend, Sugar Land, constitutes Capitol’s exit from the TX market Q

First Financial Bankshares Inc., Abilene, recently announced plans to activate its existing stock repurchase plan to repurchase up to 750,000 shares of its common stock through September 30, 2014. "First Financial continues to have one of the strongest capital positions in the banking industry and based on the current price, we believe our stock is an an excellent investment..,” said F. Scott Dueser, president/CEO Q

November 7, 2011 BANKERS DIGEST Page 3

l e g A l p H A S e S

Source:“One Court of Justice Blog”

Warner Norcross & JuddAppellate Group Practice

www.ocjblog.com

STATuTE OF LIMITATIONS

Statute of Limitations for Payment of a Certificate

of Deposit

B D

FEATURE

In Estate of Thelma L. D e G o e d e , b y Vella Trader v Comerica Bank, f/k/a Industry State Bank &

Trust Company, No. 296129, the State of Michigan Court of Appeals held that the statute of limitations did not bar a plaintiff’s claim against a bank for failing to honor three certificates of deposit (CDs), reasoning that “the statute of limitations does not begin to run until a demand for payment has been made” and rejecting the de-fendant’s argument that the statute of limitations begins to run when a CD matures. The publication date of the case is June 30, 2011. The facts of the case are the follow-ing. The lawsuit arose after Comerica Bank denied the redemption of three CDs purchased in 1980 through 1982 by Thelma DeGoede from Industrial State Bank & Trust Company, which Comerica Bank acquired in November 1992. Ms. DeGoede purchased each CD for $10,000. After Ms. DeGoede’s death in May 2005, her daughter and son retrieved the CDs from Ms. De-Goede’s safety deposit box and pre-sented the CDs for payment. The bank denied the request because it had no record of the CDs. The Estate of DeGo-ede then sued to recover the value of the CDs and the interest accumulated from their date of issue. After a bench trial, the trial court agreed with the defendent (Comerica Bank) that the suit was time-barred because six years had passed since the CDs matured. Each CD had an ini-tial six-month maturity date. The first two CDs also contained language that they would "be automatically renewed for a like period unless presented for

payment." The trial court read this to mean that there would be a single au-tomatic renewal; in other words, the first two CDs matured respectively in 1981 and 1982. The third CD had no automatic renewal clause, which the trial court interpreted to mean that it also matured six months after pur-chase. The State of Michigan Court of Ap-peals disagreed and reversed. While it agreed that the six-year statute of limi-tations in MCL 600.5807(8) for breach of contract actions was applicable to

the action, the Court ruled that the proper date for running the statute of limitations occurred when the holder presented the CD for payment. The Court reasoned that all three CDs con-tinued to renew until the demand for payment. Specifically, the Court read the language cited above and other contractual language to mean the first two CDs continued to renew automati-cally without limit, and determined the third CD's language "automatically renewed [the CD] for a like period un-less presented for payment." Q

Page 4 BANKERS DIGEST November 7, 2011

p e o p l eNeW MeXIColoUISIANAARIZoNA

Mutual of Omaha Bank has promot-ed Gavin Hallock to community bank manager and Jesse Shetlar to commer-cial relationship manager in Phoenix. Hallock oversees all operations and business development at the 1450 W. Guadalupe Rd. office in Gilbert. He joined the bank in 2008 as a credit un-derwriter in Scottsdale and has been promoted through several positions, most recently senior commercial un-derwriter and portfolio manager. He holds a bachelor’s degree from Arizo-na State University and an MS degree in accountancy from the University of Phoenix. Shetlar, based out of the AZ head-quarters at 9200 E. Pima Center Pkwy., joined the bank in 2008 as a credit an-alyst and has been promoted through several positions, most recently as su-pervisor of commercial credit analysis. He earned a bachelor’s degree from Hastings College in Hastings, NE Q

Hallock and Shetlar Named Managers, Mutual of Omaha

Perrin Hired as CIO, Valley National Bank in Espanola

Retired Opelousas S&L CEO Wayne McKinnon Gilmore Dies

Tim Perrin has been named chief in-formation officer for Valley National Bank in Espanola. Perrin oversees the bank’s critical technology systems which support sales, marketing, and services; enter-prise systems; and applications for corporate processes. Originally from PA, Perrin has over 10 years of information technology experi-ence in the financial services industry. Most recently, he served as information systems manager at Del Norte Credit Union in Santa Fe, where he served for over eight years. He has also held infor-mation systems management and net-work manager positions. He earned a degree in economics from the University of Arizona and has lived in NM for over 10 years Q

Retired Opelousas bank executive and community leader Wayne McKinnon Gilmore died on October 16 at age 89. The longtime Opelousas resident served as president/CEO of First Fed-eral Savings and Loan Association in Opelousas for many years during the decades of the 1980s, 1990s, and early 2000s and retired from Teche Federal Savings Bank, First Federal's succes-sor, after the 2004 merger. Gilmore began his business career in 1947 when he opened a furniture store in Ville Platte. He served in the U. S. Marines in the Pacific during WWII. Gilmore was active in community affairs in Opelousas and St. Landry Parish and served on numerous boards and committees. He served over 39 years on the Opelousas Gen-eral Hospital System board of trustees and on the System's Foundation, the chamber of commerce, the St. Landry chapter of the Red Cross., and many

others. He was an active volunteer for the Evangeline Area Council of the Boy Scouts of America Q

November 7, 2011 BANKERS DIGEST Page 5

R e g U l A T o R S

C h a r t e r

a c t i v i t y

Benchmarking Financial Literacy in TX Needs You! In 2007, the Texas Banking Commis-sioner, The Texas Bankers Association Foundation, and the IBAT Education Foundation began an effort to bench-mark the financial literacy community actions of the TX banking industry. 2011 marks the fifth year of the five-year study. The Commissioner, TBA, and IBAT are encouraging bank CEOs and presi-dents with locations in TX to “step up to the plate” and return the surveys which have been sent out or go to www.banking.state.tx.us/news to enter the sur-vey. Input is needed to best measure how TX banks prioritize financial edu-cation. The deadline for completing the survey is Friday, November 18, 2011. In the first four years of the study, about one-third of banks responded to the survey in each year. The sur-veying folks want a higher participa-tion rate this year, the final year in the survey. They report the survey will take approximately eight minutes and is organized in three easy sections. Complete surveys are requested. Because some banks may have more than one financial literacy cham-pion, the surveying folks ask that each bank designate one person to respond for the institution Q

ArizonaBRANCHES The TEXAS DEPARTMENT OF BANKING has approved an applica-tion by Comerica Bank, Dallas, for a branch at 4707 E. Cactus Rd., Phoenix.OklahomaMERGERS AND ACQuISITIONS The FEDERAL RESERVE BANK OF KANSAS CITY has received an appli-cation by Bluechip Bancshares LLC, Oklahoma City, to become a bank holding company through the acqui-sition of 100% of the voting shares of Elmore City Bancshares Inc., Elmore City, parent of First State Bank, El-more City.TexasBRANCHES The OFFICE OF THE COMPTROL-LER OF THE CuRRENCY has ap-proved an application by JPMorgan Chase Bank, N. A., Columbus, OH, for a branch at 12017 Northwest Fwy. (Hwy. 90 and 43rd), Houston. The TEXAS DEPARTMENT OF BANKING has received an application by Fayetteville Bank, Fayetteville, for a branch at 366 W. Travis, La Grange. The TXDB has approved an appli-cation by R Bank, Round Rock, for a branch at 2415 Williams Dr., George-town. The TXDB has received an applica-tion by Cadence Bank, N. A., Starkville, MS, for an branch at 2800 Post Oak Blvd., Ste. 100, Houston.HOME OFFICE RELOCATION The TXDB has received an applica-tion by Fayetteville Bank, Fayetteville, to relocate its home office from 123 N. Washington to 115 W. Fayette St., Fayetteville.MERGERS AND ACQuISITIONS The FEDERAL RESERVE BANK OF DALLAS has received an applica-tion by Happy Bancshares Inc., Can-yon, and SBI Acquisition Corp., Ama-rillo, to acquire 100% of Signature Bancshares Inc., Dallas, and thereby indirectly acquire Signature Bank,

Dallas, and for SBI Acquisition Corp. to thereby become a bank holding company. The FRB of DALLAS has received a change-in-control notice by Jerry D. Branum of Dallas to acquire 25% or more of the shares and thereby con-trol of Wills Point Financial Corpora-tion, Wills Point, and indirectly Citi-zens National Bank, Wills Point. The TXDB has received an ap-plication by West Texas State Bank, Odessa, to P&A the Guaranty Bond Bank, Mount Pleasant, branch at 809 W. Dickinson, Fort Stockton. The TXDB has approved an appli-cation by Texas Bank and Trust Com-pany, Longview, to merge with First State Bank, Van Q

IL Bank Fails; Total YTD 85The Illinois Department of Financial and Professional Regulation - Division of Banking closed All American Bank, Des Plaines, on October 28. The FDIC entered into a P&A agreement with In-ternational Bank of Chicago, Chicago, IL, to assume all of the deposits and to purchase essentially all of the as-sets. As of June 30, 2011, First State Bank had approximately $37.8 million in total assets and $33.4 million in to-tal deposits. The failure is the ninth in IL in 2011 Q

BANK FAIlUReS

1 4 8 O O S T M A R Y ’ S L N • S U I T E 1 2 O • H O U S T O N , T X 7 7 O 7 9W W W . M G A R C H I T E C T S . C O M • 7 1 3 - 5 5 2 - O 7 O 7

F I N A N C I A L D E S I G N S P E C I A L I S T S F O R O V E R 2 5 Y E A R S

Page 6 BANKERS DIGEST November 7, 2011

B a n k e r s D i g e s tHOW TO CONTACT US

Mail responses to Box Number c/o Bankers Digest, P. O. Box 743006, Dal-las, TX 75374-3006. Fax: 214/221-4546. Phone: 214/221-4544. email: bankersdigest@bankersdigest.com

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CREDIT?ENERGY? - Need credit analyst who knows energy. Jr. role at $50k for six months, then become BDO for the energy dept = Six fig-ures. Charles Gallamore, Babich & Associates, charlie@babich.com, 214/823-9999, #304.

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C l A S S I F I e D city traffic and noise? Community bank has AVP/VP-level commercial lending position. Mark Mitchell, Lone Star Search, 972.335.9009, www.lone starsearch.net.

INTERNAL AuDITOR AND/OR COMPLIANCE OFFICER: Positions available in Amarillo, Dallas, Wich-ita Falls, Oklahoma, and Colorado. Must possess strong audit and/or compliance experience. Call or send resume to Campbell Burgess, Herring Bank, CBurgess@Herring-Bank.com, 806/242-3704.

SAN ANTONIO - area community bank seeks SEASONED LENDING AND RELATIONSHIP MANAGING EXECuTIVE with generalist lending skills and ability to manage one or more branches. Knowledge of agri-cultural credits helpful, but not es-sential. Business development and administrative skills and the desire to be part of the community and se-nior management team will be im-portant. Send resume in confidence to bankersdigest@bankersdigest.com, subject line Box J-7.

BSA, COMPLIANCE & SECuRITY OFFICER needed for community bank in San Antonio. Will establish and implement bank-wide policy, procedure, and training. Five years compliance experience. Email

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First Financial Bank, N. A., has an opening for a MARKET LEADER in Burleson, TX. The primary function is to grow the bank’s loans, deposits, new accounts, and be a strong com-munity leader. Five years of banking experience, one of which must be in management, is required. This posi-tion offers a competitive salary with an excellent benefits package. Apply online at www.firstmybank.com. EOE/AA.

Experienced COMMERCIAL LENDER for community bank in southwest New Mexico. Responsible for develop-ing business and loan production in smaller market area. Bilingual pre-ferred. Please email resume with sal-ary requirements to bankersdigest@bankersdigest.com, Subject Line Box O-1.

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Bankers DigestP.O. Box 743006Dallas, Texas 75374-3006(USPS 041180)

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which the account opens and at the end of every month for one year. The offer is good through December 31, 2011. Visit: www.happybank.com. The advertisement states, “Com-munity banks would never charge their friends and neighbors $5 to use a debit card, so this offer does not apply to other community banks. This offer only applies to mega-banks like the ones mentioned in the advertisement, i. e., Bank of America, Chase, Wells Fargo, and Compass.”

Happy State Bank and Trust Compa-ny, Happy, TX, has joined the outcry against debit card fees charged by some mega-banks. It is paying new direct-deposit customers, who also have a debit card from a mega-bank, $5 a month to use Happy State’s debit card. Happy State announced its “$5 a month” program in a full-page ad-vertisement in the October 23 issue of the Amarillo Globe-News. The program includes a $5 a month payment at the end of the month in

Happy State Bank Will Pay Customers $5 a Month to use its Debit Card When asked why Happy State Bank would make such an offer in this en-vironment of revenue challenges, the bank’s marketing savvy chairman/CEO J. Pat Hickman told Bankers Di-gest, “we are always trying to generate more awareness for Happy State Bank and to add more customers.” He said the bank has opened at least 30 new accounts since October 24 for custom-ers who came in with their mega-bank debit cards. He said there are prob-ably more, but he is sure of the 30 Q

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