Help a 9 year old little girl and her Mother save her horses from potentially ending up in front of the kill buyers at the hands of First National Bank North Platte!

Rick Kolkman, President of First National Bank North Platte says: “ I don’t care if they go to the glue factory personally!” 

No Mother or Father should have to endure the tears (sobs) of their their childs cry for the fear that any day, could be the last day they see their beloved pet (Horses)  

 

Help us make First National of Nebraska, Inc, the parent comapany to First National Bank North Platte aware of what is going on inside of its subsidiary bank . Please read what Executive Leadership at First National of Nebraska, Inc. Bruce Lauritzen, Chairman writes:

At First National, we have been dedicated to doing what's right for our customers and the communities in which we serve for more than 150 years. We believe in, and live by, our core values: Integrity in every interaction, Respect for our customers and Passion for all that we do. They define how we've done business in the past, and how we will continue to do business long into the future.

If this is true? I think the parent company and its executives should be made aware, how bank customers and the public, view the actions and said integrity from one of their own subsiderary banks, whom have clearly not followed the core values expressed by their leaders.

Ask me if I care that we lose the farm? The answer is yes, however, it’s a thing, replaceable, money wasted and lost (A lot of Money!) and it stings and makes me angry but it’s replaceable. Ask me if I care if our horses are sent to an auction where the kill buyers are waiting, yes! Of course!  Our horses are not just part of my farm, breeding and training operation, they are living creatures with souls, they are our children’s pets, whom they have grown up with, we love our horses, we care for our horses. These magnificent animals are our student’s outlet when in need, when one is feeling trouble, they are healers. They are so many things, to so many people in our lives. Most of all they are loved. Our Horses do not deserve to be sent to the slaughter house because the bank is heartless.

First National Bank North Platte will not make any money by selling our horses in an auction. The sad truth is many horses are sold by the pound to kill buyers, who purchase at auctions; then off to the slaughterhouse they go!  In our opinion, we have been subjected to coercion and manipulation to better position the bank. First National Bank North Platte preyed upon my emotions to our beloved animals, into converting our existing loans into high interest commercial SBA loans, ignoring the fact that they had already made agreements to place our loans on traditional mortgage terms. THIS SOUNDS CRAZY RIGHT?   We think so too, we feel this is Predatory lending at its worst.

In 2008, we lost our beloved Stallion to a mysterious busted knee cap (shattered in 5 places) no known cause.  The location of injury had no apparent abrasion or kick mark. What happens next will shock you, the bank had the audacity to  intercept the insurance check, that was to be used to replace my competition/breeding stallion. When asked why? I was told because they have that right, and since I had refused to refinance my loans in the manner they wanted (commercial high interest) this would make me agree to it. I was shouted at by Mr. Rick Kolkman, Bank president, who stated, and I quote “Young lady whether you like it or not, we are in business together!” My reply; was "no! We borrowed money from your Bank, we did not agree to go into business with you."

       Shortly thereafter, I received a letter outlining that I had to refinance our loans obtaining high interest government backed SBA loans and they were going to charge me 3% on top of it.  I was told I must also sell another stallion along with two other horses. It stated, I could not have any other accounts with any other financial institutions. My husband a physician (Neurologist ) and I were made to obtain life insurance in the amount of $500,000.00 to be held by First National Bank (the beneficiary). This blackmail list had 13 demands or conditions that we had to do, in order to ALLOW me the use of the insurance proceeds to replace my Stallion!  Prior to this incident, on multiple occasions we were bullied into re-signing  and re-financing our loans into short term interest only loans; under the threat that  if we chose not to, they would call all of our loans due in full. We felt bullied, manipulated, blackmailed and very helpless.(Blackmail is an act, often a crime, involving unjustified threats to make a gain or cause loss to another unless a demand is met. It may be defined as coercion involving threats of physical harm, threat of criminal prosecution, or threats for the purposes of taking the person's money or property. It is the name of a statutory offence in the United States of America) We were advised by local Attorney that banks are not very regulated and we do not have much choice. We regret everyday that we did not find a way to stop this bank in 2008.

            We relocated to Kentucky to pursue other opportunities get away from this type of business dealings. We listed everything for sale, notified the bank, letting them know that we would be taking our horses and a small amount of equipment with us, and that of course we would be maintaining our loans. The President of FNBNP thanked my husband for his contribution to the community as a physician and said he would be missed. He agreed to allow us to relocate with said collateral, as evidenced from letter dated May 16, 2012. However, in the same letter the bank suggested that we refinance the SBA loans and our land loans with a bank in Kentucky. What, I ask? Why would we do this? We are selling it, and the collateral is listed in Nebraska, it did not make sense. I refused again!

            Let me put the financial aspect into perspective, We had a million dollar loan, all secured by deeds of trust in Nebraska “the real property and collateral”, 128 acres, a custom home, barn and indoor arena. The amount of collateral on the horses, and small amount of equipment was maybe $130,000.00.  We made an offer to Mr. Kolkman, stating that we would be happy to refinance this portion of collateral in Kentucky, the answer was  over and over, NO! I began requesting all our loan documentation from inception of our relationship with bank that dated back to 2005, I was repeatedly told they could only give me from 2009 and up.

            Subsequently, due to the extreme financial hardship of maintaining 3 commercial interest loans and 2 mortgages, while relocating, and renting another farm and home in KY, it became increasingly difficult. My husband fell behind on one payment, on one out of the 5 loans we had with FNBNP. 

            On that alone the bank sent us a demand letter dated Feb 28, 2013 stating: We had to pay the loans $570,000.000 in full in 10 days! We tried negotiating but they refused. In fact, they falsely claimed we were 4 months behind (not true) we suggested that we be allowed to make the missed payment, Bank said No!

            We feel what they wanted was for us to remove the loans that they had made such a mess of in the first place, thereby allowing themselves to be rid of their mistakes. Did I mention that we hired a Forensic Bank Auditor and we have now uncovered 31 separate loans with our name on it? That’s how many times they had us re-financing our loans! The Forensic auditor stated to our attorneys, that in his 45 years of auditing, he has never seen such a mess. Does anyone else find that ludicrous? We could not come up with $570,000.00 in 10 days, so they turned to what we feel is manipulation once again!  They came after the horses!  Maybe, legally they have the right, however, when you look at the facts, what is a bank going to do with horses?  They are not going to board them and feed them, it’s too expensive. They are not going to properly market them and take the time to prepare them for sales, that’s time and money. We feel they are going to send them to the auction, just as they do cattle, they are livestock.  The value of horse meat is what they will go for, that’s maybe at most, a couple hundred dollars.  We feel that First National Bank North Platte and counsel is trying to force us to file a bankruptcy thereby,putting a stop to their seizure, consequently squashing the very real counterclaims we are now pursuing. They might then then be afforded the recovery or guarantee from the government backed loans, claiming we defaulted on them.

           We have been in litigation since March, 2013.  We have spent thousands, but the system is slow and the truth is that the horses could be sent to the auction in front of the kill buyers, before the courts ever finish this! For the last 8 months, my daughter has cried herself to sleep worrying that her horses will be taken away, she wakes up worrying, she wonders when the bad bank will come and take them, will today be the last time she is going to see them?  She has asked me every day. It rips my heart out, and I go to bed in tears because I cant give her answers, I can only tell her each day that it’s up to the courts, lawyers and judge. It’s not fair, and as a Mother my heart bleeds, it breaks every day, every night, every moment to watch my daughter suffer.

In a very few short months First National Bank North Platte and and its counsel, fire-saled our farm and home for less than half of its appraised value. The Bank then purchased it themselves and can resale for a profit thereby, obtaining a double gain, while we lose everything!  8 years of hard work went into our Farm, and I can say it hurts deeply, but I don’t care about stuff, things, items; its replaceable. However, hurt my children, hurt my horses that are in threat of being taken and auctioned off only to end up in the slaughter house. I think not!

 

Enough!  People stand up with me, help us fight! 

 Dear reader,

 

I received a letter from Mr. Shawn D. Renner on 12/26/2013, he has been retained by First National Bank North Platte (FNBNP) and its employees to represent them in connection with this petition, my postings on facebook, my e-mail communications with all of you and my opinions expressed herein.

Pursuant to Neb. Rev. Stat 25-840.01 I have been asked to correct some statements they claim were falsely made in my opinions, petition, postings and e-mails. I have decided to exert my right to free speech as an American citizen pursuant to the First Amendment to the United States Constitution, Free Speech and Free Press clauses.

I am here correcting and clarifying various statements that were deemed as libelous by FNBNP and its counsel:

-There is reference to an alleged “blackmail letter” that I received from the bank titled “Cardenas Loan Proposal”. This letter has been attached for your review and interpretation. In my opinion this letter was written by the bank with the intention to force us into agreeing to their demands. We were not afforded the opportunity to negotiate or change the terms, we were indeed told that if we refused to sign it and agree to all of its terms, the bank would not allow us to replace my stallion that recently had died and they would “call all of our notes”. In my opinion, this letter was created to compel us to agree to their terms and their terms only. I would leave it up to you to determine if this constitutes blackmail or not, however to determine if this letter truly constitutes “blackmail” will be up to the courts.

-We have filed a complaint with the Office of the Comptroller of Currency and decided to make this document available through my website. FNBNP and Mr. Renner have taken issue with some of the statements in that complaint. The complaint was created with the assistance of 3 lawyers from the states of NE, KY and TX, and although I continue to take responsibility for my opinions, do not believe that my lawyers would have allowed me to provide false statements.  The statements in question include that some loans we were granted, were “improperly secured” and that FNBNP “manipulated me into providing additional collateral” and FNBNP engaged in “mafia style business deals” and “predatory lending including fraud, blackmail, financial harm, unsound and unsafe practices and the bank acted in bad faith”.  Indeed, I cannot prove that FNBNP is part of any mafia and by these means I wish to openly retract that statement. We are currently in the process of litigating some of these issues and indeed we feel that some of our loans were improperly secured and we felt victimized by FNBNP. Indeed this is only my opinion and we will let the courts decide if FNBNP engaged in fraud, predatory lending, appropriate securing of assets and unsafe practices.

-I have expressed that in my opinion, our loans were “handled against our best interest” and “excessively changed and refinanced”. I am still very displeased with the treatment I got from FNBNP, I hired a forensic bank auditor and he told my lawyers and I that these loans are nothing like he has ever seen in all of his 45 years of bank auditing. I do feel that as a customer I have the right to feel displeased with the way that FNBNP handled my loans.

-I expressed in a statement that Mr. David DeTurk, Vice-President of FNBNP “perjured himself during a court hearing and under oath” and that FNBNP and its counsel “intentionally and fraudulently” prevented me from asserting my rights “for reasons of self-gain and inter-personal intent to cover up the mess they had made with our loans”, that a request made by Attorney Pederson’s letter is “fraudulent” and that FNBNP attempted to “bully” us and create financial hardship and that a lawsuit filed against me “is again another instance of the continued act of bad faith by FNBNP and their counsel”. I do believe to have a right to an opinion and to express my ideas. Indeed I believe that FNBNP has been acting in bad faith and have tried to force us into financial despair so we simply “give up”. Currently, we are in the process of litigating whether or not the information provided under oath by Mr DeTurk was accurate or not and therefore I will openly retract my prior statement were I accused Mr. DeTurk of committing perjury. As to the fraudulent nature of the bank’s and counsel intentions, will let the courts decide.

-I stated that “FNBNP decided to fire-sale our property at less than half its Fair Market Value”. I wish to openly retract that statement as Fair Market Value is yet to be defined by the Nebraska courts. I do believe that the bank’s decision to fraction the parcels and selling them separately was deliberate and could have potentially prevented buyers to bid allowing them to buy it at a lower price. I do have however documentation that proves that the latest formal appraisals of the property were substantially higher than the sale price and it is a fact that FNBNP bought the property from themselves.

-Several statements have been made regarding my interactions with Mr. Kolkman. By these means I want to make openly and public that my personal opinion of Mr. Kolkman is not very favorable. I do believe that the tactics he employs to do business are less than desirable and do feel that he manipulated my emotions for his own personal gains and the banks best interests. For years I have not been comfortable with the way he talked to me and treated me. I do believe that he intercepted the proceeds of an insurance check after my beloved stallion died in order to force me into accepting the terms of the “Cardenas loan proposal”. Again, I publicly state that this is my own personal opinion of Mr. Kolkman and invoke my right to free speech.

In summary, we still believe that FNBNP has acted in bad faith and not in our best interest. This document should serve as an amendment to my postings on facebook, change.org, personal e-mails and any other communications past, present and future that I have started regarding these matters.  I want to make perfectly clear that all these statements and the statements contained on my e-mails, web pages, social media and any other personal, written, verbal and intellectual communications reflect my opinion and my opinion only which I believe  am entitled to by the First Amendment to the United States Constitution and my Right to Free Speech. All of these statements were made with no malice whatsoever and are not intended to cause any harm to any individual or institution. Over the past several years  we have felt abused and intimidated by FNBNP and my family has been subject to enormous emotional and financial stress as a result of the situations referred herein.  We still believe and hope that truth and justice will prevail at the end and eventually my children, my husband and I will be able to return to our normal lives and continue to live the American Dream.