Attached files
| file | filename |
|---|---|
| S-1 - S-1 REGISTRATION STATEMENT - 1st FRANKLIN FINANCIAL CORP | registrationsdnedgar.htm |
| EX-12 - S-1 REGISTRATION STATEMENT - EXHIBIT 12 - 1st FRANKLIN FINANCIAL CORP | exhibit12earningstofixedchar.htm |
| EX-5 - S-1 REGISTRATION STATEMENT - EXHIBIT 5 - 1st FRANKLIN FINANCIAL CORP | exhibit5legalopinionsdnedgar.htm |
| EX-23 - S-1 REGISTRATION STATEMENT - EXHIBIT 23 - 1st FRANKLIN FINANCIAL CORP | exhibit23consentsdnedgar.htm |
EXHIBIT 25
_____________________________________________________________________________
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
__________________________
FORM T-1
STATEMENT OF ELIGIBILITY UNDER
THE TRUST INDENTURE ACT OF 1939 OF A
CORPORATION DESIGNATED TO ACT AS TRUSTEE
Check if an Application to Determine Eligibility of
a Trustee Pursuant to Section 305(b)(2)
_______________________________________________________
U.S. BANK NATIONAL ASSOCIATION
(Exact name of Trustee as specified in its charter)
31-0841368
I.R.S. Employer Identification No.
800 Nicollet Mall Minneapolis, Minnesota | 55402 |
(Address of principal executive offices) | (Zip Code) |
Jack Ellerin
U.S. Bank National Association
1349 W. Peachtree Street
Atlanta, GA 30309
(404) 898-8830 (Name, address and telephone number of agent for service)
1st Franklin Financial Corporation
(Issuer with respect to the Securities)
Georgia | 58-0521233 |
(State or other jurisdiction of incorporation or organization) | (I.R.S. Employer Identification No.) |
|
|
135 East Tugalo Street Toccoa, Georgia | 30577 |
(Address of Principal Executive Offices) | (Zip Code) |
Senior Demand Notes
(Title of the Indenture Securities)
FORM T-1
Item 1. GENERAL INFORMATION. Furnish the following information as to the Trustee.
a)
Name and address of each examining or supervising authority to which it is subject.
Comptroller of the Currency
Washington, D.C.
b)
Whether it is authorized to exercise corporate trust powers.
Yes
Item 2. AFFILIATIONS WITH OBLIGOR. If the obligor is an affiliate of the Trustee, describe each such affiliation.
None
Items 3-15
Items 3-15 are not applicable because to the best of the Trustee's knowledge, the obligor is not in default under any Indenture for which the Trustee acts as Trustee.
Item 16. LIST OF EXHIBITS: List below all exhibits filed as a part of this statement of eligibility and qualification.
1. A copy of the Articles of Association of the Trustee.*
2. A copy of the certificate of authority of the Trustee to commence business, attached as Exhibit 2.
3.
A copy of the certificate of authority of the Trustee to exercise corporate trust powers, attached as Exhibit 3.
4.
A copy of the existing bylaws of the Trustee.**
5.
A copy of each Indenture referred to in Item 4. Not applicable.
6.
The consent of the Trustee required by Section 321(b) of the Trust Indenture Act of 1939, attached as Exhibit 6.
7.
Report of Condition of the Trustee as of September 30, 2013 published pursuant to law or the requirements of its supervising or examining authority, attached as Exhibit 7.
* Incorporated by reference to Exhibit 25.1 to Amendment No. 2 to registration statement on S-4, Registration Number 333-128217 filed on November 15, 2005.
** Incorporated by reference to Exhibit 25.1 to registration statement on S-4, Registration Number 333-166527 filed on May 5, 2010.
2
SIGNATURE
Pursuant to the requirements of the Trust Indenture Act of 1939, as amended, the Trustee, U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America, has duly caused this statement of eligibility and qualification to be signed on its behalf by the undersigned, thereunto duly authorized, all in the City of Atlanta, State of Georgia on the 28th of March, 2014.
By:
/s/ Jack Ellerin________
Jack Ellerin
Vice President
3
Exhibit 2
---------------------------------------------------------------------------------------------------------------------
Comptroller of the Currency
Administrator of National Banks
---------------------------------------------------------------------------------------------------------------------
Washington, DC 20219
CERTIFICATE OF CORPORATE EXISTENCE
I, Thomas J. Curry, Comptroller of the Currency, do hereby certify that:
1.
The Comptroller of the Currency, pursuant to Revised Statutes 324, et seq,
as amended , and 12 USC 1, et seq, as amended, has possession, custody, and control
of all records pertaining to the chartering, regulation, and supervision of all
national banking associations.
2.
"U.S. Bank National Association," Cincinnati, Ohio (Charter No. 24), is a
national banking association formed under the laws of the United States and is
authorized thereunder to transact the business of banking on the date of this
certificate.
IN TESTIMONY WHEREOF, today,
February 27, 2013, I have hereunto
subscribed my name and caused my seal of
office to be affixed to these presents at the
U.S. Department of the Treasury, in the City
of Washington, District of Columbia.
SEAL
/s/ Thomas J. Curry
Comptroller of the Currency
4
Exhibit 3
---------------------------------------------------------------------------------------------------------------------
Comptroller of the Currency
Administrator of National Banks
---------------------------------------------------------------------------------------------------------------------
Washington, DC 20219
CERTIFICATE OF FIDUCIARY POWERS
I, Thomas J. Curry, Comptroller of the Currency, do hereby certify that:
1.
The Comptroller of the Currency, pursuant to Revised Statutes
324, et seq, as amended, and 12 USC 1, et seq, as amended, has possession,
custody, and control of all records pertaining to the chartering, regulation, and
supervision of all national banking associations.
2.
"U.S. Bank National Association," Cincinnati, Ohio (Charter No. 24), was
granted, under the hand and seal of the Comptroller, the right to act in all fiduciary
capacities authorized under the provisions of the Act of Congress approved
September 28, 1962, 76 Stat. 668, 12 USC 92a, and that the authority so granted
remains in full force and effect on the date of this certificate.
IN TESTIMONY WHEREOF, today,
February 27, 2013, I have hereunto
subscribed my name and caused my seal of
office to be affixed to these presents at the
U.S. Department of the Treasury, in the City
of Washington, District of Columbia.
SEAL
/s/ Thomas J. Curry
Comptroller of the Currency
5
Exhibit 6
CONSENT
In accordance with Section 321(b) of the Trust Indenture Act of 1939, the undersigned, U.S. BANK NATIONAL ASSOCIATION hereby consents that reports of examination of the undersigned by Federal, State, Territorial or District authorities may be furnished by such authorities to the Securities and Exchange Commission upon its request therefor.
Dated: March 28, 2014
By:
/s/ Jack Ellerin_________
Jack Ellerin
Vice President
6
Exhibit 7
U.S. Bank National Association
Statement of Financial Condition
As of 12/31/2013
($000’s)
12/31/2013
Assets
Cash and Balances Due From
$ 8,472,724
Depository Institutions
Securities
79,357,671
Federal Funds
76,693
Loans & Lease Financing Receivables
232,699,923
Fixed Assets
4,466,915
Intangible Assets
13,365,332
Other Assets
22,039,020
Total Assets
$360,478,278
Liabilities
Deposits
$271,150,926
Fed Funds
2,539,914
Treasury Demand Notes
0
Trading Liabilities
432,300
Other Borrowed Money
29,623,570
Acceptances
0
Subordinated Notes and Debentures
5,586,320
Other Liabilities
11,722,618
Total Liabilities
$321,055,648
Equity
Common and Preferred Stock
18,200
Surplus
14,231,212
Undivided Profits
24,312,465
Minority Interest in Subsidiaries
$860,753
Total Equity Capital
$39,422,630
Total Liabilities and Equity Capital
$360,478,278
7