"Actually, Judge, it's my understanding that this stems from a proceeding from 20 years ago started by the bank trying to obtain title to property."
(Statement of Wendy Larson, an assistant to Winnebago County State's Attorney Paul Logli, in People v. Vance (01-CF-2701) on April 28, 2004. (
See Transcript
, pages 14 & 15).
" . . . , the scheme will only hold up so long. Eventually it becomes uncovered. . . . It eventually catches up with the person(s)."
(
Statement
of Winnebago County State's Attorney Paul Logli which appeared in the Rockford Register Star on January 20, 2005.)
__________________________________________________________
As noted at the end of the GERMAN-AMERICAN STATE BANK FRAUD page, the nightmarish ordeal imposed on Clarence Vance and his family by the German-American State Bank was terminated when, with the help of family members, he was able to pay the total amount owed the German-American Bank on August 2, 1974.
Between August 2, 1974 and December 5, 1980, Clarence operated his cattle feeding operation and farming business as best he could on the limited funds available to him both from family members and from his part time trucking income.
In November of 1980, Clarence owned 35 head of various sized cattle that were paid for. However, due to an increase in the costs of buying feeder cattle and the inability of family members to no longer adequately finance his farm operation, Clarence went to the State Bank of Davis, at Davis, in Stephenson County, Illinois. He talked to Richard L. Kleckler, the Bank President, about financing his cattle feeding operation.
NOTE: Clarence says that because of his ordeal with the German-American State Bank, he knew that Wilbur L. Kroeger, a member of what is now the Law Offices of SCHMELZLE & KROEGER in Freeport, Illinois, was a Director of, and Attorney for, the German-American State Bank in 1974. However, Clarence did not know that another member of that very same law firm, Woodruff A. Burt, was a Director of and Legal Counsel to the State Bank of Davis.
Based on his discussion with Richard Kleckler, the State Bank of Davis Board of Directors agreed to finance Clarence's farming operation and to loan him the funds necessary to periodically buy feeder cattle from Alabama and to also pay other related expenses of his ongoing farming operation. The Bank also agreed that all Notes issued by the Bank to pay for cattle bought by Clarence, as well as the Notes written to pay his related farm operating expenses, would be secured solely by the cattle purchased with State Bank of Davis funds.
Clarence says he was surprised that Richard Kleckler agreed to secure all loans solely by the cattle purchased with bank funds rather than being secured by the customary "barnyard security agreement" that would have included his crops, livestock, and machinery.
NOTE: Evidence indicates that the Officers and Directors of the State Bank of Davis agreed to, and did, finance the farming operation of Clarence for the sole purpose of "trying to obtain title to (the farm) property" which the German-American State Bank had attempted and failed in 1974.
Based on his agreement with Richard Kleckler, Clarence went to Alabama and bought 103 head of mixed feeder heifers. Upon his return with those cattle, Richard Kleckler wrote State Bank of Davis NOTE AND SECURITY AGREEMENT No. 1-8167 in the amount of $21,500.00 on December 5, 1980. Also, as previously agreed between Clarence and Mr. Kleckler,
Note 1-8176
was secured solely by those "103 head of mixed feeder heifers with an average weight of 443 lbs." purchased in Alabama with Bank funds.
NOTE: Clarence owned his own semi-tractor and livestock trailer and did not have to hire trucking to transport his cattle from Alabama. Clarence claims that it cost him about $400.00 per round trip.
Despite the fact that the process of feeding those newly purchased feeder cattle to slaughter market weight would take approximately one full year, Richard Kleckler wrote Note 1-8167 for a period of "180 days". Clarence claims that when he reminded Richard Kleckler that the Note needed to be written for one year, Kleckler refused to do so but told Clarence that the Note could be renewed or extended if necessary.
Clarence knew that he had written a check for over $20,000.00 to pay for the 103 head of Alabama feeder cattle and that the funds necessary to cover that check needed to be in his checking account very soon. Clarence, at that point in time, had no option other than to sign that "180 days" Note.
NOTE: Clarence says that he was unaware that he had been induced into a financial scheme contrived for the purpose of "trying to obtain title to (the farm) property", under "color of official right" (18 U.S.C. 1951(2)), by the Officers and Directors of the State Bank of Davis. Nevertheless, Richard Kleckler set this scheme in motion by refusing to write Note 1-8167 for the necessary period of one year. A one-year note would have allowed Clarence to "finish" those cattle for the meat market by, or before, the time that note would have come due.
A few weeks after Clarence signed Note 1-8167, Richard Kleckler showed up at the farm one day to look at the feeder cattle purchased in Alabama with Bank funds. Clarence says that Richard Kleckler indicated, at that time, how pleased he was with the cattle because they were of a size and quality much greater than he had expected.
Shortly after Kleckler's visit, the Rockford Register Star published a staff writer's
article
, in the January 28, 1981 edition, entitled "Durand-Pecatonica landfill studied" which stated in the first two (2) paragraphs:
"The Rockford Sanitary District has begun to investigate placing a landfill between Durand and Pecatonica as an alternative to the controversial Baxter Road site in Cherry Valley.
In what District Director Jon Olson called a 'preliminary' move, the Sanitary District board has approved a look at the new site, . . .."
Clarence says he did not become aware of this article until someone provided him with a copy during the Spring of 1981. Nevertheless, Clarence says that he was never aware of any contact with any member of his family about the published Rockford Sanitary District "interest" in the property.
Clarence says that after that article was published, he did not experience any additional financial problems at the Bank that he was aware of. The only problem he experienced was the ongoing problem of having to sign Notes for time periods shorter than the time necessary to finish his cattle for the slaughter market. For that reason, Clarence sold "preconditioned" feeder cattle to other farmers who were feeding cattle for the meat market. The "preconditioning" program was making a profit and enabled Clarence to keep his short-term Notes from becoming "delinquent".
NOTE: "Preconditioning" is a process whereby feeder cattle adjust to their new environment, feed, water, and source of water. Feeder cattle are generally accustomed to eating grass rather than hay and grain and are also accustomed to drinking water from ponds rather than from water tanks or fountains. This process usually takes about three (3) weeks on average and, at the end of that time, the cattle are free of shipping fever which is a form of pneumonia caused by shipping cattle long distances and also caused by changes in their customary environment, feed, etc. Needless to say, preconditioned feeder cattle greatly reduce the cattle feeder's veterinary expenses associated with starting new cattle.
Clarence had prior experience at "preconditioning" feeder cattle and had developed a program whereby he was able to keep his veterinary and related expenses low and, at the same time, allow his cattle to quickly adjust to their new environment, make good weight gains, and provide the opportunity for Clarence to sell them at a profit in a relatively short period of time.
Richard Kleckler, as he had stated to Clarence on December 5, 1980, wrote NOTE AND SECURITY AGREEMENT No. 1-8706 in the amount of $18,200.00, on June 11, 1981 for "SIX MONTHS", and thereby "paid", by renewal, the remaining $16,000.00 balance on Note 1-8167 together with accrued interest of $1,649.34. As so agreed,
Note 1-8706
was secured solely by the remaining "74 head of mixed feeder heifers with an average weight of 443 lbs". On June 22, 1981, Clarence owned 70 head of cattle and owed the Bank $7,200.00.
See Table
With the approval of the Bank, Clarence bought 88 head of feeder cattle (85 in Alabama and 3 locally) in July of 1981, at a cost of about $24,000.00. However, due to sales of other cattle on hand, Clarence signed State Bank of Davis NOTE AND SECURITY AGREEMENT No. 1-8828, on July 20,1981, in the amount of $19,000.00 for "Six Months". As so agreed,
Note 1-8828
was secured solely by "86 head of mixed feeder cattle". On July 20, 1981, Clarence owned 147 head of cattle and owed the Bank $27,200.00.
See Table
NOTE: Unknown to Clarence at that time, 12 U.S.C. 86a (as Amended by Congress on October 8, 1980) permits State and National Banks to charge interest on business and agricultural loans over $1,000.00 "at a rate of not more than 5 per centum in excess of the (Federal) discount rate" (FDR). Clarence says that he did not become aware of this law until late 1986 or early 1987.
Nevertheless, the evidence establishes the fact that Richard Kleckler charged Clarence interest at the lawful rate of 3 percent over the FDR on the first two (2) loads of feeder cattle from Alabama (Notes 1-8167 and 1-8828). Between December 5, 1980 and September 19, 1981, Richard Kleckler charged Clarence interest at lawful rates as follows:
2 Notes charged interest at the rate of 2.5 percent over the FDR;
12 Notes charged interest at the rate of 3 percent over the FDR; and
2 Notes charged interest at the rate of 3.5 percent over the FDR.
No Note signed during that period of time charged interest in excess of 3.5 percent over the FDR.
The evidence suggests that the Bank deceived Clarence by working with him for a period of time in order to induce him to unknowingly participate, as a victim, in the scheme of "trying to obtain title to (the farm) property". In some circles, this is referred to as "setting the hook".
In late September of 1981, Clarence bought 122 head of feeder cattle (118 in Alabama and 4 locally), with the approval of the Bank, at a cost of about $25,000.00. Due to sales of other cattle on hand, Clarence signed State Bank of Davis NOTE AND SECURITY AGREEMENT No. 1-9053, also for "Six Months", in the amount of $14,500.00 on October 7, 1981. As previously agreed,
Note 1-9053
was secured solely by "118 head feeder cattle". On October 31, 1981, Clarence owned 186 head of cattle and owed the Bank $36,800.00.
See Table
NOTE: Unknown to Clarence, Kleckler began to subtly advance the scheme of "trying to obtain title to (the farm) property" by charging Clarence interest at rates increasingly higher than the Federal Discount Rate. Mr. Kleckler wrote Note 1-9053 to pay for the third load of feeder cattle from Alabama on October 7, 1981. This was the very first Note by which the Bank charged Clarence interest at a rate greater than 3.5 percent over the FDR. Between October 7, 1981 and February 12, 1982, the Bank charged Clarence interest as follows:
2 Notes charged interest at a rate of 4 percent over the FDR;
6 Notes charged interest at a rate of 4.5 percent over the FDR; and
3 Notes charged interest at a rate of 5 percent over the FDR, the maximum allowed by law (12 U.S.C. 86a).
No Note signed during that period of time charged Clarence interest at a rate of less than 4 per cent over the FDR.
On December 26, 1981, Clarence owned 68 head of cattle and owed the State Bank of Davis $3,250.00.
See Table
The Bank approved another purchase of feeder cattle in late December of 1981. Clarence bought 95 head of feeder cattle in Alabama and, on January 5, 1982, signed State Bank of Davis NOTE AND SECURITY AGREEMENT No. 1-9294, also for "Six months", in the amount of $28,000.00. As so previously agreed,
Note 1-9294
was secured solely by "85 Head Mixed Heifers (and) 10 Steers". On January 5, 1982, Clarence owned 163 head of feeder cattle and owed the Bank $31,250.00.
See Table
NOTE: The evidence establishes the fact that the Bank charged Clarence interest on Note 1-9294 at the increased rate of 5 percent over the FDR, the maximum allowed by law (12 U.S.C. 86a), on this the fourth load of feeder cattle from Alabama.
Clarence claims that, in early May of 1982, he again asked Richard Kleckler to allow him to buy more cattle from Alabama because feeder cattle prices had gone down. Clarence says that Kleckler denied his request and stated that there was no money to be made feeding cattle and he had the figures to prove it. Clarence says that Kleckler refused to consider the fact that Clarence's cattle feeding operation was making money and also refused to consider Clarence's cost and profit records.
On July 22, 1982, Richard Kleckler required Clarence to sign State Bank of Davis NOTE AND SECURITY AGREEMENT No. 1-9935, also for "(182 days)Six months", in the amount of $28,200.00.
Note 1-9935
"paid" Notes 1-9294 and 1-9357 and the interest accrued on each by renewal and, as so previously agreed, was secured solely by the remaining "85 Head Mixed Heifers (and) 10 Steers".
See Table
Richard Kleckler continued to refuse to allow Clarence to buy any more feeder cattle until August of 1982. Consequently, Clarence converted his operation to feeding cattle for the slaughter market as a way of marketing the corn and hay that he grew on the farm.
NOTE: Evidence suggests that in the original scheme, the Bank would require Clarence to sign short-term Notes which would come due before his cattle would be ready for the slaughter market. Then, at a time of the Bank's choosing, Clarence would be declared to be: "Delinquent" on his Notes and his ability to repay the Bank; A poor manager; And also a bad credit risk. The Bank would then be justified in taking legal action against Clarence to "collect" those "delinquent" Notes in order to "satisfy" bank examiners and also to "protect" its customers. As a consequence, the farm property would presumably be up for grabs.
The "preconditioning" program of Clarence made it possible for him to sell his cattle in a relatively short period of time and keep his short-term Notes from becoming "delinquent", which enabled Clarence to help financially support his family and also interfered with the original scheme.
Consequently, the scheme was modified and the Bank financed purchases of feeder cattle to the extent that, in the Spring of 1982, Clarence had over 150 cattle on the farm. The Bank then refused to allow Clarence to buy any more feeder cattle, which, Clarence says, caused him to start feeding the cattle he had for the slaughter market; which then caused Clarence to become "delinquent" on his short-term Notes; which then caused Clarence to look like a poor manager and a bad-credit risk.
Between February 26, 1982 and August 20, 1982, Richard Kleckler further charged Clarence interest at ever increasing rates over the FDR (most being unlawful) as follows:
2 Notes charged interest at a rate of 5 percent over the FDR;
10 Notes charged interest at the unlawful rate of 5.5 percent over the FDR; and
2 Notes charged interest at the unlawful rate of 6 percent over the FDR.
No Note signed by Clarence during that period of time charged interest at a rate of less than 5 percent over the FDR.
See Table
In August of 1982, Richard Kleckler allowed Clarence to sell 12 head of fat cattle to a locker plant in Alabama and also to buy half a load (58 head) of feeder cattle in Alabama.
After Clarence returned from Alabama, he paid the Bank $8,767.35 on August 20, 1982, which he realized from the sale of those fat cattle, as follows: He paid off Notes 1-9402, 1-9424, 1-9807, 1-9836, 1-9873 in full and also paid the interest accrued upon each; and he also paid $750.00 on Note 1-9959.
See Table
On August 24, 1982, Clarence signed State Bank of Davis NOTE AND SECURITY AGREEMENT No. 1-10035, again for "Six Months," in the amount of $14,500.00, to pay for the 58 head. As so agreed,
Note 1-10035
was secured solely by "Fifty-eight head of feeder cattle". On August 24, 1982, Clarence owned 164 head of cattle and owed the Bank $44,500.00.
See Table
NOTE: Clarence says that he kept trying to convince Richard Kleckler to allow him to go back to "preconditioning" feeder cattle. He also claims the authorization to buy, and the financing of, those additional 58 head indicated to him that Kleckler was doing so. Clarence says that, at that time, Kleckler knew that he did not have enough corn and hay to "finish" 164 cattle for the fat market.
Kleckler further increased the rate of interest charged to Clarence when he wrote Note 1-10035 at the unlawful rate of 6.5 percent over the FDR on this the fifth, and last load of feeder cattle from Alabama.
See Table
Clarence says that on November 2, 1982, he went to the Bank and asked Kleckler for $3,000.00 to pay his cattle feeding bills. Without hesitation or explanation, Kleckler told Clarence that the Bank would not loan him any more money. Kleckler did finally loan Clarence the $3,000.00 as Note 1-10251, but only after being informed that Clarence had already placed checks in the mail to pay bills totaling that amount.
NOTE: Mr. Kleckler wrote Note 1-10251, for "90 days", and charged Clarence interest at the unlawful rate of 6 percent over the FDR.
See Table
Clarence claims that because of that Bank decision, he was no longer able to purchase and pay for the protein supplements, minerals, wormers, medicines, etc. that he needed to efficiently feed and provide for the cattle he had on the farm which he had purchased with Bank funds. Consequently, the cattle ate more and gained less and Clarence started to become "delinquent" on the short-term Notes that Kleckler always required him to sign.
NOTE: On August 24, 1982, the Bank financed the purchase of the additional 58 head of Alabama feeder cattle that Kleckler and the Bank Board authorized Clarence to buy. Clarence suggests that the Bank authorized and financed this additional purchase of feeder cattle in order to further entrap him in their scheme, of "trying to obtain title to (the farm) property", by increasing both the number of cattle in his care and their related financial needs.
Just 70 days later on November 2, 1982, Klecker reneged, without explanation, on the Banks standing agreement to finance Clarence's farming operation. This left Clarence stranded with over 150 cattle to feed and no money to pay for the products, that are not grown or otherwise available on farms, necessary for efficient weight gains in cattle.
Clarence says that if he would have sold his cattle at that time, he would have suffered extreme losses due to the fact that: Farmers feeding cattle would only have been willing to buy most of them at severely discounted prices because they were too heavy; and Fat cattle buyers would not have bought any of them because they were not heavy enough or fat enough for the meat market.
It appears that Clarence's profitable "preconditioning" program required the Bank to modify the original scheme and delayed its full implementation for approximately one year.
Between August 24, 1982 and November 2, 1982, Richard Kleckler further increased the interest rates he charged Clarence as follows:
1 Note charged the unlawful rate of 6 percent over the FDR; and
6 Notes charged the unlawful rate of 6.5 percent over the FDR.
No Note signed by Clarence during that period of time charged interest at a rate less than the unlawful rate of 6 percent over the FDR.
See Table
In "trying to obtain title to (the farm) property", the Bank was slowly tightening the noose on Clarence.
On January 27, 1983, Richard Kleckler required Clarence to sign PROMISSORY NOTE & SECURITY AGREEMENT 1-10509 in the amount of $32,639.64 for 5 months, and thereby "Renew farm operating loan". Note 1-10509 "paid" Notes 1-9935 and 1-10251 together with the interest accrued on each of those Notes. As so agreed,
Note 1-10509
was secured solely by "120 head mixed heifers (and) 3 feeder steers".
NOTE: Kleckler increased the unlawful rate of interest that he charged Clarence on Note 1-10509 to 7 percent over the FDR.
See Table
Kleckler also required Clarence to sign PROMISSORY NOTE & SECURITY AGREEMENT 1-10676 in the amount of $20,253.95, on March 22, 1983 for 180 days, and thereby "pay" Notes 1-9985, 10035, 1-10065, 1-10098, 1-10118, and 1-10183 together with the interest accrued on each of those Notes. Again, as so agreed,
Note 1-10676
was secured solely by "All feeder cattle presently owned or hereafter acquired." for "Farm Operating Expenses".
NOTE: On Note 1-10676, Kleckler charged Clarence the unlawful rate of interest of 5.5 percent over the FDR.
See Table
Clarence says that Kleckler told him that it was in his best interests to sign Notes 1-10509 and 1-10676 because the bank examiners "are pushing me to do something about your delinquent notes."
Apparently to ensure success of the scheme, Kleckler did loan Clarence an additional $21,650.00 between April 14, 1983 and October 7, 1983.
See Table
Kleckler loaned Clarence $6,000.00, on June 3, 1983 for 180 days, for "current farm operating expenses". He wrote
Note 1-10899
and, as so agreed, secured that Note solely by "livestock."
Clarence signed up for the government farm program in 1983 and, as a partial payment for his participation in that program, received a
PIK ENTITLEMENT
to 3,577 bushels of corn as "Payment In Kind". Clarence says that he intended to use his "PIK" corn to "finish" his cattle for market.
On August 8, 1983, Kleckler wrote Note 1-11105 for 6 months and loaned Clarence $3,500.00. On August 15, 1983, he also wrote Note 1-11123 for 6 months and loaned Clarence $2,750.00. However, Kleckler breached his "security" agreement with Clarence when he required Clarence to obtain and sign a
PIK ASSIGNMENT
to the Bank and then to sign
Note 1-11105
and
Note 1-11123
, each being secured by "PIK Assignment".
When Clarence asked Kleckler to allow him to feed some of his "PIK" corn to his cattle that were ready to fatten, Kleckler refused. Clarence began selling some of his smaller cattle so he could buy corn to feed those cattle he needed to fatten for market.
NOTE: Between April 14, 1983 and October 7, 1983, Kleckler continued to charge Clarence unlawful rates of interest as follows:
7 Notes charged the unlawful rate of 5.5 percent over the FDR; and
4 Notes charged the unlawful rate of 6.5 percent over the FDR.
No Note signed by Clarence during that period of time charged interest at a rate less than the unlawful rate of 5.5 percent over the FDR.
See Table
According to Clarence, on November 1, 1983, Kleckler forced him to sign
Note 1-11364
in the amount of $51,405.99, due in 90 days on "1-30-1984", and thereby "pay", by renewal, Notes 1-10509, 10676, 1-10743, and 1-10940 together with the interest accrued on each of those Notes.
See Table
Kleckler again breached his "security" agreement with Clarence when he wrote Note 1-11364 secured by the standard "barnyard security agreement" which included "All livestock, feed, machinery", some of which did not belong to Clarence.
Clarence says that Kleckler pushed Note 1-11364 and the new Security Agreement across the desk and told him to sign both of them. Clarence says that, when he told Kleckler that he did not have enough cattle that he could sell on the fat market within those 90 days to enable him to pay off that Note, Kleckler immediately responded by stating: "this is the way were going to do it and we'll see what happens".
NOTE: Clarence says that, again, Kleckler told him that it was in his best interests to sign Note 1-11364 because the bank examiners "are pushing me to do something about your delinquent notes".
Kleckler charged Clarence the unlawful rate of interest on Note 1-11364 of 6.5 percent over the FDR.
See Table
Clarence says that he also told Kleckler that he could not sign the new
Security Agreement
(which listed "All livestock, feed, machinery" etc.) because there was property included in that Security Agreement that belonged to other members of his family, not to him. Clarence says that Kleckler became very agitated and threatened him with the statement that: "You either sign both of these right now or we will financially destroy you AND your family."
Clarence says that he signed both Note 1-11364 and the new Security Agreement under duress of that threat in an attempt to protect what he believed to be both his immediate family and his extended family from the financial destruction threatened by Richard Kleckler.
NOTE: Subsequent to Klecker's reported threat to destroy both Clarence AND his family, the complete financial destruction of the entire Vance family has been the object of both State and Federal Judges and Officers, Law Enforcement Officers, a nationwide title company, and others working together "trying to obtain title to (the farm) property". Those efforts have been assisted by active participants in, or by persons practicing willful blindness to, the ongoing extortion effort being reported and exposed on this website.
Between November 1, 1983 and July 2, 1984, Kleckler did not loan Clarence any money, to either care for his livestock or to plant his crops.
See Table
Clarence marketed 30 head of fat cattle between November 1, 1983 and May 15, 1984 and paid $16,750.00 against his outstanding Notes. He also paid $974.29 in interest accrued on those Notes.
See Table
Despite Clarence's efforts, Kleckler did not loan him any money to plant his crops in the Spring of 1984.
See Table
Clarence says that he was able to plant his 1984 crops only because those who sold him the necessary products were willing, based on their prior experiences with him, to wait until he was able to pay each of them.
Clarence had to buy corn and pay $3.60 per bushel because Richard Kleckler continued to refuse to allow him to feed his "PIK" corn to his cattle. As evidenced by the
Grain Receipts
, it was costing Clarence about $60.00 per day to buy the corn needed to fatten his cattle. The "PIK" corn would have cost only a few dollars ($25.00 - $30.00) per load for storage and "load-out" charges.
By July of 1984, Clarence was so short of funds that, in desperation, he went and pleaded with Kleckler either to loan him the critically needed funds so he could buy the corn to fatten his cattle or to allow him to feed his "PIK" corn.
At that time, Clarence's "PIK" corn could have been sold for approximately $12,500.00 (3,577 bushels X $3.50 per bushel). On July 2, 1984, Kleckler wrote
Note 1-12102
for 6 months, loaning Clarence $2,700.00. This loan was also secured by Clarence's "PIK Assignment". However, this time, Kleckler did allow Clarence to feed approximately 1300 bushels before he again refused to allow Clarence to feed any more of his "PIK" corn to his cattle.
NOTE: Note 1-12102 charged Clarence interest at a rate of 5 percent over the FDR, the maximum allowed by law.
See Table
Clarence continued to fatten and sell his cattle as best he could under the severe financial hardship conditions imposed upon him by Richard Kleckler and the State Bank of Davis.
Clarence received a
letter
from "R. L. Kleckler" dated October 9, 1984, in which "the loan committee of the State Bank of Davis" offered to refinance Clarence's "operation" with a $75,000.00 first mortgage on the farm property stating that:
"We feel it must be placed on a long term loan in order for you to be able to repay that type of debt."
The "R. L. Kleckler" letter establishes that this offer was not intended to help make Clarence's operation to once again become profitable. That letter acknowledged the offer to be ridiculous when it also stated that:
"We feel that you cannot service the debt that you have on a short term basis and we understand that it would be very difficult for you to generate enough cash flow to service the $75,000.00 loan on a first mortgage basis with the machinery and livestock and the corn released."
NOTE: Clarence says that the Bank forced severe losses on his cattle feeding operation. The Bank then proposed a mortgage of $75,000.00 to be secured by the farm property, which then had a fair-market value, as a farm, of approximately $350.000.00. That proposed mortgage, if executed by the owner of the property, would have secured the Bank with collateral worth almost five (5) times the amount of the mortgage.
The "Kleckler" letter did not suggest an interest rate to be charged or a length of time for repayment. The letter DID indicate that Clarence's crops, livestock and machinery would no longer have any value as security for his loans. The "Kleckler" letter also acknowledged the fact that the amount of the proposed mortgage was so inadequate that the amount of money realized from it would not allow Clarence to generate enough income to pay it off.
This ridiculous proposal was strikingly similar to the one made by the June 18, 1974
Lowell Sample letter
of German-American State Bank President Lowell W. Sample. Not surprising in view of the fact that both Banks were, and probably still are, being advised by the same Freeport, Illinois, law firm.
Clarence suggests that the sole purpose of the mortgage proposal was an effort to entrap the owner of the property into the Bank's scheme, of "trying to obtain title to (the farm) property", rather than to help him conduct a profitable operation as he had done in 1981.
Clarence claims the "proposal" stated in that letter was not acted upon because, as a non-owner, he had no capacity to sign a mortgage against the property and would not have signed even if he could have because it appeared to him to be a request to commit financial suicide.
Subsequently, Richard Kleckler, by a
letter
dated April 11, 1985, "notified" the grain elevator where Clarence's "PIK" corn was stored that:
" . . we (the Bank) wish to sell all the corn being stored under the name of Clarence Vance."
As evidenced by
GRAIN CHECK STUB RECORD
No 22510, the grain elevator, upon the written request of Richard Kleckler, sold the remaining 2,267 bushels of "corn stored under the name of Clarence Vance", on April 12, 1985, for $2.68 per bushel minus fees and charges of $853.82. The sale of that corn generated $5,221.74 which amounted to a net price of only $2.30 per bushel.
NOTE: Kleckler forced Clarence to buy corn at prices of $3.60 per bushel to fatten some of his cattle in the Spring of 1984. In April 1985, Kleckler sold the corn, which he had not allowed Clarence to feed his cattle, for a net cash price of $2.30 per bushel. Some friendly banker.
On April 16, 1985, Kleckler applied that $5,221.74 to pay Note 1-12102 in full together with $298.27 of interest; and, contrary to Clarence's established practice with Kleckler, paid the remaining $2,223.47 against the interest accruing on Note 1-11364 instead of against the principle balance remaining on that Note.
See Table
and
GRAIN CHECK STUB RECORD
On June 26, 1985, the Officers and Directors of the State Bank of Davis, the German-American State Bank in German Valley, Illinois, and the Northwest Bank in Rockford, Illinois, created Foresight Financial Group, Inc., a bank holding company. Richard L. Kleckler was instrumental in the creation of Foresight and was the initial Treasurer of the corporation. Foresight Financial Group, Inc. now includes each of those banks as well as the State Bank in Freeport, Illinois, and the Lena State Bank in Lena, Illinois.
Richard L. Kleckler retired as President of the State Bank of Davis about September 1, 1995. Robert L. Olson came from Platteville, Wisconsin, where he had worked at a bank for 25 years, to become President of the State Bank of Davis. He acted in that position from about September 1, 1995 until he retired about April 1, 2000 at the age of 60. It was reported that he and his wife Karen were moving to Northwest Arkansas where they owned property and he was going to work part time in the Bank of Mentenville.
On or about May 1, 2000, Brent Myers came from Kankakee, Illinois, to become President of the State Bank of Davis. After graduating from the University of Illinois in 1982, Mr. Myers worked for 18 years as a corporate lending officer at what, after several mergers that he assisted in, became National City Bank in Kankakee. Upon information and belief, Brent Myers continues as President of the State Bank of Davis.
The ongoing efforts of the State Bank of Davis "trying to obtain title to (the farm) property", as a Foresight Bank, will be continued on the FORESIGHT FINANCIAL GROUP FRAUD page when posted.