0000898531-09-000132 Sample Contracts

TierOne Corporation AMENDED AND RESTATED 2003 RECOGNITION AND RETENTION PLAN AND TRUST AGREEMENT
Tierone Corp • March 13th, 2009 • Savings institution, federally chartered • Nebraska
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TierOne corporation AMENDED AND RESTATED EMPLOYMENT AGREEMENT
Employment Agreement • March 13th, 2009 • Tierone Corp • Savings institution, federally chartered • Nebraska

This AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this “Agreement") is made and entered into as of December 17, 2008 by and between TierOne Corporation, a business corporation organized and existing under the laws of the State of Wisconsin (the "Company"), and Gilbert G. Lundstrom (the "Executive").

TierOne BANK AMENDED AND RESTATED THREE-YEAR CHANGE IN CONTROL AGREEMENT
Change in Control Agreement • March 13th, 2009 • Tierone Corp • Savings institution, federally chartered • Nebraska

THIS AMENDED AND RESTATED CHANGE IN CONTROL AGREEMENT (this “Agreement”) is effective the 17th day of December 2008, among TierOne Bank, a federally-chartered savings bank (the “Bank”), TierOne Corporation, a Wisconsin corporation and the holding company of the Bank (the “Company”), and _______________(the “Executive”). The Company and the Bank are collectively referred to as the “Employers”.

TierOne bank AMENDED AND RESTATED EMPLOYMENT AGREEMENT
Employment Agreement • March 13th, 2009 • Tierone Corp • Savings institution, federally chartered • Nebraska

This AMENDED AND RESTATED AGREEMENT is made effective as of December 17, 2008, by and between TierOne Bank (the “Bank”), a federally-chartered savings bank, with its principal administrative office at 13th and N Streets, Lincoln, Nebraska 68508, and James A. Laphen (the “Executive”).

TierOne BANK AMENDED AND RESTATED TWO-YEAR CHANGE IN CONTROL AGREEMENT
Two-Year Change in Control Agreement • March 13th, 2009 • Tierone Corp • Savings institution, federally chartered • Nebraska

THIS AMENDED AND RESTATED CHANGE IN CONTROL AGREEMENT (this “Agreement”) is effective the 17th day of December 2008, among TierOne Bank, a federally-chartered savings bank (the “Bank”), TierOne Corporation, a Wisconsin corporation and the holding company of the Bank (the ACompany@), and ________________ (the “Executive”). The Company and the Bank are collectively referred to as the “Employers”.

AMENDED AND RESTATED EMPLOYMENT AGREEMENT
Employment Agreement • March 13th, 2009 • Tierone Corp • Savings institution, federally chartered • Nebraska

THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into as of December 17, 2008, by and between TierOne Bank, a federally chartered savings bank with its principal office in Lincoln, Nebraska (the “Bank”), and Gilbert G. Lundstrom (the “Executive”).

AMENDMENT NO. 1 TO TRUST AGREEMENT FOR DEFERRED COMPENSATION AND SUPPLEMENTAL EXECUTIVE RETIREMENT PLANS OF TIERONE CORPORATION AND TIERONE BANK
Tierone Corp • March 13th, 2009 • Savings institution, federally chartered • Nebraska

This Amendment No. 1 to the TierOne Corporation and TierOne Bank Trust Agreement (the “Trust Agreement”) by and between TierOne Corporation (the “Company”), TierOne Bank (the “Bank”) and Paul M. Schudel (the “Trustee”) is dated and is effective as of December 17, 2008. The Trust Agreement was originally effective as of July 27, 2006. Capitalized terms which are not defined herein shall have the same meaning as set forth in the Trust Agreement.

AMENDED AND RESTATED
1993 Supplemental Retirement Plan Agreement • March 13th, 2009 • Tierone Corp • Savings institution, federally chartered • Nebraska

THIS AMENDED AND RESTATED 1993 SUPPLEMENTAL RETIREMENT PLAN AGREEMENT (“Agreement”) was originally made and entered into as of October 27, 1993 and previously amended and restated as of July 27, 2006 (the “Prior Agreement”) and is hereby amended and restated as of December 17, 2008, by and between TierOne Bank, a federally chartered savings bank with its principal office in Lincoln, Nebraska (the “Bank”), and Gilbert G. Lundstrom, (the “Executive”).

SUPERVISORY AGREEMENT
Supervisory Agreement • March 13th, 2009 • Tierone Corp • Savings institution, federally chartered

This Supervisory Agreement (“Agreement”) is made as of January 15, 2009 (the Effective Date), by and between TierOne Bank, Lincoln, Nebraska (Bank) (OTS Docket No. 03309), a federally chartered savings bank, and the Office of Thrift Supervision (OTS), a federal banking regulatory agency within the United States Department of the Treasury, acting through its Midwest Regional Director or his designee (Regional Director).

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